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Des Moines Wrongful Death Lawyers

The wrongful death of a family member is the greatest tragedy imaginable. Allow The Advocates law firm to provide legal representation so you can grieve in peace.

Client attorney meeting

A Wrongful Death Attorney Can Help Assist You with Your Case 

Every year in the state of Iowa, hundreds die from motor vehicle accidents. These accidents leave their loved ones in shock and hopeless. The Advocates understand that after such a tragedy, the last thing you want to do is pursue a wrongful death claim.  

But doing so provides you a financial buffer against medical bills, funeral costs, and additional pain and suffering that may result from the death of a loved one.   

Our experienced attorneys will ensure you do not have to worry about anything involving the legal process.   

Call The Advocates today for a free consultation. We are sorry for what you and your family are going through and promise to help in any way we can. 

The Next Steps in Your Des Moines Wrongful Death Case

Wrongful Death

If another person’s negligence caused your loved one’s death, you may have a case

Hire Attorney

Contact The Advocates as soon as possible to begin your case

Compile Documents

Gather relevant documents, like a death certificate and medical bills

Investigation

Your attorney, with the assistance of other experts, will investigate the cause of death

Negotiations

Your attorney will negotiate with the other party in an attempt to settle out of court

Lawsuits

If the other party refuses to settle, your attorney will represent you in court

Frequently Asked Questions

You will pay nothing out-of-pocket when you hire an Advocate. 

Your initial consultation with us is always 100% free. There are never any upfront costs or hidden fees. 

Our attorneys work on a contingency basis, which means that our attorney fees are calculated as a percentage of your settlement. We do not get paid unless we win your case, and you receive a settlement. 

For more information on how settlements and payment work, please see our contingency fee information page. 

If the accident resulted in injuries or significant property damage, it is a good idea to contact a lawyer. An experienced personal injury attorney can help you navigate the claims process, which can be lengthy and complex. 

Your attorney will gather evidence, keep track of your medical records, negotiate with insurance companies, and represent you in court if necessary.

Every personal injury case is different. There is no one-size-fits-all solution to accident claims. The length of the claims process will depend on the severity of your injuries, the willingness of the other party to settle, the court’s caseload, and more. 

In general, personal injury cases can take anywhere from several months to several years. It is important to contact an attorney as soon as possible to get your case started. Each state has a statute of limitations for personal injury cases, after which you will lose your right of action. 

When you hire The Advocates, we will begin investigating your accident immediately while you finish medical treatment. Once all evidence and medical records have been compiled, your attorney will send a demand letter to the other party’s insurance company. At this point, negotiations will begin. 

In many cases, a settlement can be reached during negotiations. If the other party refuses to make a fair offer, you may choose to file a suit. In the litigation phase, your attorney will represent you in court in front of a judge, jury, and/or arbitrator. 

A Team of Wrongful Death Professionals Assigned to Your Case 

For nearly 30 years, The Advocates have helped thousands of personal injury victims receive fair compensation and care they deserve after their accidents, and we are prepared to do the same for you.  

We can help you:  

  • Understand the claims process 
  • Investigate your accident 
  • Negotiate with insurance adjusters 
  • Obtain a settlement or judgment against the at fault party 

Talking to a Professional

Talk to a professional

Iowa Law on Wrongful Deaths

What is the statute of limitations for wrongful deaths in Iowa?   

You have two years to file a wrongful death claim. This can be filed by the deceased’s estate administrator or personal representative.  

Understanding Iowa’s survival statute   

Iowa has a survival statute. This allows for the continuation of claims that would otherwise cease with death.  

For example, imagine a family member of yours is hit in a truck accident. They bring a personal injury claim against the driver to recoup losses such as medical expenses. During the legal process, your family member dies. In that case, the death of a loved one does not prevent you from pursuing the damages inflicted on them. 

Close up focus on courtroom microphone with attorney in the background.
Hospital nurses checking on woman patient at intensive care unit

Loss of consortium  

Iowa Code 668.3 establishes that family members can file a wrongful death case for a loss of consortium. This allows you to claim damages for the loss of companionship, a loved one’s services, and society resulting from the death. 

How Iowa determines fault 

Iowa uses a comparative fault system. Fault is apportioned among all parties in the accident. In an auto accident, the driver may be given 70% fault for the accident, and the person who died will receive 30% at fault.  

If someone is over 50% at fault for the accident, their loved ones cannot file a wrongful death lawsuit. An example of this would be a drunk driver who broke several laws, caused an accident, and died. 

courtroom attestor talking to magistrate

Balancing Grief and Legal Justice

Husband trying to comfort his wife due to her loss

Give yourself time to process the death 

Do not do anything rash during the first days, weeks, and months after the accident. The death of a loved one affects every part of your life. Take time to feel the depths of the pain, and understand one important thing: You do not have to be emotionally ready to file a wrongful death claim. 

Experienced Des Moines wrongful death lawyers will shoulder the burden of legal proceedings so you can focus on healing. 

Determine who is responsible for the deceased’s estate 

Usually, the executor is responsible for filing a wrongful death claim. They will be named in the deceased’s will.  

When there is no will, the court will appoint someone to manage the estate. The court will generally give priority in the following order:  

  • Surviving spouse  
  • Adult children  
  • Other heirs  
  • Creditors or other vested parties 
Grief counselor for mourning widow
Attorney talks with client

Act within the statute of limitations 

You have two years to file a wrongful death case. It is vital that you begin within this timeframe, or you will probably lose your right to sue.   

Acting swiftly makes it easy to gather evidence and protect your legal rights. We know it is difficult, but you can call us for a free initial consultation, and we will begin your case right away. 

When Should I Hire an Des Moines Wrongful Death Attorney?

Reach out to The Advocates if you believe you have an Iowa wrongful death case. We cannot undo this great tragedy, but we can provide you with a legal team that gets you the support you need. 

The loss of a loved one is the worst thing a person can go through. Iowans like you deserve peace of mind after a fatal accident. The mission of our law office is to ensure you do not experience any legal or financial woes after this tragedy. 

With a Des Moines wrongful death attorney on your side, you can rest assured knowing your case is in experienced hands. You deserve it. You deserve an Advocate. 

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