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| LUTHENS LAW OFFICES |
| Des Moines Office |
| West Towers Building , Suite 206-24 |
| 1200 Valley West Drive |
| West Des Moines, Iowa 50266 |
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| Colfax Office |
| Luthens Law Building |
| Eight West Howard Street |
| Colfax, Iowa 50054 |
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| Telephone: (866) 579-3816 |
| Email: info@luthenslaw.com |
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| The workers compensation & personal injury claims and settlement attorneys at the Luthens Law Offices, P.C. are dedicated to serve their clients in central Iowa, including the cities of West Des Moines, Colfax, Sioux City, Council Bluffs, Des Moines, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Waterloo and Burlington , and the communities that make up Woodbury, Pottawattamie, Polk, Webster, Story, Linn, Johnson, Scott, Dubuque, Black Hawk, and Des Moines counties. |
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WRONGFUL DEATH | BACK TO PRACTICE AREAS
FREQUENTLY ASKED QUESTIONS |
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I. General Information about Wrongful Death
A. What to do if there is a possibility of a wrongful death
B. When questions arise about a death
C. The Discovery Rule and Time Limitations
II. Wrongful Death Categories
A. Medical Malpractice
B. Transportation Accidents
C. Occupational
D. Other
III. Compensation
A. Medical Charges/Funeral Expenses
B. Loss of Wages
C. Loss of Support
D. Loss of Parental Guidance
E. Loss of Potential Inheritance
F. Punitive Damages
G. Multiple Defendants
H. Jury Adjustments
I. Other Reductions
IV. Death of the Elderly, Children, or Unborn Children
A. Elderly
B. Children
C. Unborn Children
V. Expert Testimony
VI. Why Hire a Wrongful Death Lawyer-How Do I Choose The Best One For Me? |
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Death of the Elderly, Children, or Unborn Children
Courts and juries are obligated to determine a price on human life in wrongful death cases. The death of children and the elderly complicate the resolution of financial compensation for a jury. Due to the variations in ages, potentials and more, assistance from a knowledgeable wrongful death attorney will assist in estimating the damages that may be received when bringing a wrongful death action based on the death of a child or an elderly person.
Elderly. The death of an elderly person has limited recovery potential and modest awards. Two main reasons apply in this situation. The first is that their earning potential is not considered to be significant; their children are usually adults with their own means of income. The other reason is that since their children are adults, they are not in as much need of emotional support and guidance from their parents as young children would be.
Children. The wrongful death of a child conveys even more factors in determining an adequate damage award than an adult. The jury has to review the child’s age, sex, and health status as well as their habits and earning potential. Juries also see the relationship a child had with the parents or guardians as well as the health and circumstances of the parents or guardians when determining pecuniary (financial) loss. Other items the jury need to consider is the potential for contributing to the parents’ support and how long they may have lived until a natural death. All of these factors confound the issues in a jury’s determination even more so with extremely young children. Some speculation is required, yet the courts have varying rules in determining awards. Deciphering these rules is time consuming and qualified wrongful death attorneys have already done this to better assist their clients.
Unborn Children. Many call unborn children fetuses. Expectant parents are usually looking forward to the new addition, craving the joy of taking care of their child. Many laws do not consider a “fetus” a human being until it takes it first breath, and wrongful death may not occur before this. When the death of an unborn child may be a wrongful death, seeking the advice of a wrongful death lawyer to seek out the laws in the state you are in is advisable.
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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.
Copyright © MMVII JAKOBIE
If you would like to schedule a free initial consultation contact an attorney representing clients in Fort Dodge, Iowa at the Luthens Law Offices, P. C.. Give us a call at (866) 579-3816 or email us at Info@luthenslaw.com.
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