Injured? Request a Free Case Review – Talk to an Attorney Now!

Iowa Local Accident Resources

Free Case Review

Charities That Local Accident Reports Supports

Iowa Local Accident Resources

Was Someone You Loved Involved in a Fatal Accident in Iowa Today?

Has someone close to you been killed in a fatal car accident caused by someone else’s negligence? You may be entitled to compensation. Contact our team of experienced Iowa wrongful death lawyers to schedule a free consultation and start your path toward justice.

If a friend or a loved one has been involved in a fatal car accident in Iowa today, we know how shocked and upset you must feel. Recovering from such a terrible loss can be extremely difficult. In addition to your loss, you or someone close to you may have suffered severe or life-threatening injuries and have sustained extensive physical trauma and emotional strain as a result. 

Furthermore, you may be burdened with excessive medical bills and require the help of a professional accident lawyer. Additionally, you or your loved one may have been victimized by criminal activity, DUI, or negligence. 

Despite the complexity of these unfortunate issues, there is help available. Here is our guide on resources available and legal remedies for wrongful deaths and personal injuries in Iowa.

Call a lawyer

If You Have Lost Income as a Result of a Catastrophic Accident

If your family has lost income due to a wrongful death accident, including if you or someone else in your family also sustained injuries, you can turn to these resources that will help you receive financial aid and support:

If You Require Emotional Counseling or Additional Therapy

If you require emotional or psychological counseling or additional therapy, there is help available. Accidents not only inflict terrible injuries, including death, but can also leave a lasting impact on a victim and their family’s minds. If you require emotional support or counseling to cope with your experience in a catastrophic vehicular accident, be sure to visit the links below:

  • Iowa Psychological Association – Search statewide for psychologists who can help you recover from your traumatic experience with a motor vehicle accident.
  • Brain Injury Alliance of Iowa – A directory of associations in Iowa that provide emotional support and educational resources for victims of traumatic brain injuries and their friends/family
  • Iowa Therapists and Counselors – A directory that allows you to cross-reference therapists and counselors based on specialty, availability, field of study, and experience.

If You Require Financial Aid for Incidences Resulting from Criminal Activity

You may require additional help for fees related to legal assistance and medical bills. If this is the case, be sure to consider the following resources:

  • Iowa Crime Victim Compensation Program – Sponsored by the Office of the Iowa Attorney General, this program seeks to provide a lifeline to victims of catastrophic accidents, including those potentially caused by criminal activity.
  • Crime Victim Eligibility – The Iowa Attorney General’s website explains what steps victims of violent crimes and accidents may take to receive compensation.
Call a lawyer

If You Need to File an Insurance Claim After A Wrongful Death Accident

The Iowa DMV requires that minimum liability motor vehicle policies must include the following amounts:

  • $20,000 per single injured or deceased victim
  • $40,000 per accident for bodily harm or death of at least two individuals
  • $15,000 for damage to property or injury of other people per accident

Vehicular accidents are an unfortunate and tragic part of our lives and can impact victims and their families in terrible, tragic ways. Insurance coverage can offer motorists financial relief after an accident and serious injuries.

If You or a Loved One Were the Victims of an Accident Caused by DUI

Drunk driving is a terrible offense that can result in severe damage to innocent victims, their families, and friends. As reinforced by state law, the Iowa DMV has set the limits of blood alcohol concentration (BAC) at 0.08% for adults (21 years and older) and 0.02% for young adults and juveniles (younger than 21). Currently, Iowa ranks 30th among the states with severe problems related to drunk driving incidents. If a DUI incident has victimized you, a loved one, or a friend and require more in-depth support, visit the following links:

  • Iowa MADD – Mothers Against Drunk Driving supports the victims of drunk driving incidents in the State of Iowa. Call (877) ASK. MADD or (877) 275.6233 to speak with a representative at the national headquarters. 
Call a lawyer

Accident Prevention Services in Iowa

In recent years, the State of Iowa has established tactics for preventing unfortunate motor vehicle accidents and resulting fatalities.

  • Traffic Safety Bureau – Initiated by the Office of the Governor, this program provides federal highway and traffic safety funds. Resources include a link to the National Highway Traffic Safety Administration (NHTSA) and SaferCar.org.
  • Bicycle and Pedestrian Education – Sponsored by the Iowa Department of Transportation, this program offers resources to create safer roadways for bicyclists and pedestrians. Resources include rules for riders and walkers, as well as educational materials.

Charities Local Accident Reports Supports

At Local Accident Reports, we support several of these charities throughout Iowa. These compassionate professionals and volunteers touch the lives of victims dealing with the aftermath of life-changing accidents. 

  • Arrive Alive Tour – The staff tours schools and campuses to bring awareness to the deadly consequences of driving while texting, drunk, and distracted.
  • The Compassionate Friends – You can find support groups of parents, grandparents, and siblings who’ve suffered the loss of a son, daughter, or grandchild.  
  • Grief Resource Network – GSN offers bereavement services, support groups, and educational materials for community members coping with the loss of a child, spouse, or pet.
  • Healing Tree – This charity offers resources, educational materials, and entertainment that promote healing from abuse and trauma. 
  • Solace House – The organization has a network of caring healthcare professionals and 300 devoted volunteers who provide empathetic guidance throughout the end-of-life process. 
  • National Foundation for Teen Safe Driving – NFTSD hosts events and activities to reduce teen-related motor vehicle accidents, injuries, and fatalities.  
  • Stop Distractions – This grassroots non-profit aims to end accidents resulting from distracted drivers. 

What You Should Know About Cases of Wrongful Death

The shock of a loved one’s untimely death is heart-shattering for anyone. Family members often struggle to rebuild their lives after this unexpected tragedy. 

If you or someone you know is in this situation, Local Accident Reports can assist with getting you vital information to answer many questions you may have. For you to proceed with the legal side of a wrongful death, these frequently asked questions can steer you in the right direction.

Wrongful Death: What Is It?

A wrongful death is when a person dies as a result of the careless actions or wrongdoing of another person or entity. Among the most prevalent types of claims involving a wrongful death include:

  • Vehicle collisions
  • Medical error
  • Incidents at work
  • Product defects
  • Accidents in nursing homes

The categories listed above pertain to civil cases. However, there are instances where wrongful death is classified as a criminal case. Murders and assaults are common in these circumstances.

Families seeking compensation for their loss may pursue a civil lawsuit even when a criminal court handles the claim. You have the right to pursue damages even if the offender is found not guilty.

What Are the Procedures for Filing a Wrongful Death Lawsuit?

Lawsuits demand a great deal of resources, focus, and commitment. Understanding Iowa’s court system helps you prepare for what can happen. Here is a quick summary of the tasks performed by an attorney in wrongful death cases:

  1. Consult a Wrongful Death Attorney: You can schedule a free case evaluation appointment. During this meeting, the lawyers listen to your account of events and review the documents you possess (e.g., police reports, medical records, photos, and videos). They will advise you on the merits of your claim and discuss your options. This consult also allows you to decide if you want to hire an attorney to represent you. 
  2. Investigate: Evidence is often the difference between winning or losing a lawsuit. An attorney gathers as much evidence as possible related to the wrongful death. To build a compelling case, lawyers rely on information ranging from accident reports to witness statements. Additionally, they seek advice from professionals such as medical doctors and accident reconstructionists.
  3. File a Petition: You file a formal petition at the district court clerk’s office. This legal document describes the wrongful death accident and the remedies sought. 
  4. File Pre-trial Motions: The parties involved in the claim can file motions. Motions are formal requests to the court to approve actions such as dismissing the case or preventing evidence from being introduced during the trial. 
  5. Exchange Documents: Claims must be supported or refuted by evidence. Lawyers representing both sides ask the opposing counsel for documents. For instance, your lawyer might request sworn witness statements from the defense attorney. This procedure is known as discovery. 
  6. Negotiate a Settlement: Out-of-court settlements occur more often than not. Many parties prefer this option to avoid a tense, drawn-out, and costly legal battle. 
  7. Advocate for Clients in Court: A settlement offer may be rejected. The next step in this situation is to appear before a jury or judge during a trial. Each lawyer presents their client’s cases. After deliberating over the legal arguments, facts, and evidence, a jury or judge renders a verdict. 

How Can I Prove a Wrongful Death?

The person who brings the case is the plaintiff. The burden of proof rests with the plaintiff under the law. To establish carelessness in these situations, you must fulfill four legal requirements. Among them are the following:

  • Duty of Care: According to this theory, the defendant—the person charged with causing the wrongful death—must act in a way that would not endanger the victim. Assume the defendant is a doctor who misdiagnosed a cancer patient. In this case, the physician is responsible for carefully providing a reasonable standard of care.  
  • Breach of Duty: This element is proven when the plaintiff (who filed the lawsuit) demonstrates the doctor violated the expected standard of care.
  • Causation: There must be a clear connection between the defendant’s acts and the deceased person’s passing. For instance, evidence such as doctor notes, diagnostic tests, autopsy reports, and expert medical testimony prove the misdiagnosis caused the victim’s death.  
  • Damages: This element addresses the monetary expenses related to the medical malpractice death. 

The key to assisting surviving family members in proving their cases is evidence. And this is where a highly qualified lawyer can help you the most. They have the legal resources to compile the data needed to prove the four components of negligence.

Who Can Bring a Case for Wrongful Death?

The ability to file claims is determined by Iowa law. The individuals who can pursue compensation include:

  • Spouse
  • Children
  • Parents of the deceased
  • Deceased person’s estate

Iowa law acknowledges a hierarchy of eligibility as well. As stated differently, the survivors’ eligibility to file depends on their relationship with the deceased. A spouse, for instance, is entitled to file first before a child. The deceased’s parent may file a claim if there isn’t a spouse or children.   

Call a lawyer

What Is the Wrongful Death Statute of Limitations?

The amount of time you have to launch a wrongful death claim is dictated by the statute of limitations. You have two years to file in Iowa (Iowa Code § 614.1 (2). The deadline begins on the day the departed loved one dies.

Which Damages Can I Recover?

The monetary judgment a surviving family may seek in a wrongful death case is called damages (Iowa Code § 633.336). This compensation is divided into three categories. The first is economic recovery, which covers finances related to lost wages, burial fees, and medical bills. 

Non-economic is the second type of payment. In this case, families might get financial support to lessen the emotional toll of their loss. These damages may include the loss of companionship and emotional distress. Iowa maintains a $250,000 “soft” cap on non-economic damages in medical negligence cases. However, when death occurs, plaintiffs may receive an award exceeding this limit. 

Lastly, there is punitive compensation, which is when a judge imposes a monetary fine on the offending person to discourage such behavior in the future. This is only granted in rare situations.

How Do Damages Get Determined?

Families of wrongful death victims suffer financial hardships. The loss of a loved one can’t be quantified. On the other hand, compensation can aid the family. When determining a claim’s value, a family’s emotional and material needs are considered. These damages include: 

  • Funeral costs
  • Hospital bills
  • Loss of future income
  • Pain and suffering

Other considerations include the deceased’s age and health. An in-depth examination of the claim is necessary for the computation.  

How Can I Bring a Lawsuit for Wrongful Death?

Typically, the first thing to do is to get a wrongful death lawyer. Subsequently, your attorney will get pertinent documentation and submit the required legal documents. In this scenario, a knowledgeable lawyer can work out a settlement with the negligent party’s insurance company. 

A court trial is the next step if the parties can’t agree on an acceptable settlement. Before issuing a decision in favor of or against the plaintiff (the party filing the lawsuit), the judge hears all sides of the argument. The court will give you a financial reward if your counsel prevails.

What's the Average Time for Resolving a Wrongful Death Lawsuit?

A set timetable does not exist. Each situation is unique, and claims range in complexity. A wrongful death lawsuit involving just one car and one pedestrian, for example, may be settled by an attorney more quickly than a medical malpractice case. The process could range from a few months to many years. 

The number of parties involved, the volume of evidence, back-and-forth negotiations, and available court dates are common elements influencing the timeline. An attorney can estimate what to expect but cannot provide a precise completion date.  

What Obstacles Do Families Face When Filing Claims of Wrongful Death?

One of the most challenging situations to handle is wrongful death. It’s not easy trying to pursue justice while experiencing intense grief. Often, navigating the legal process involves reliving the terrible circumstances of a loved one’s death. Family members may experience emotional strain during the procedure.

Do I Need to Hire an Attorney?

Using legal counsel is not required. However, families can benefit from entrusting their legal matters to a wrongful death attorney. A lawyer can lend you a sympathetic ear when things are hard. 

They also know about the Iowa statutes that apply to your claim. They have the knowledge and abilities to manage complex negotiations and legal disputes. Your attorney can defend you, stand up for what’s right, and seek the highest possible compensation. In the end, having legal representation provides you the best chance of succeeding in court (or out of court).

If My Loved One Was Partly at Fault, Can I File a Wrongful Death Lawsuit?

Iowa’s § 668.4 code outlines the modified comparative negligence rule. According to this legal theory, the family is not entitled to compensation if the deceased person’s fault exceeds 50%. 

Furthermore, payment is withheld according to the extent of the departed individual’s fault. For example, if the deceased was 10% responsible for the circumstances leading to their death. A court would take a 100,000 compensation and lower it to $90,000.

What Distinguishes Personal Injury From Wrongful Death?

Let’s begin by discussing their similarities. Both cases center on the wrongdoing or negligence of another person or entity. Who can bring a claim is the crucial difference. The surviving member or their estate may take legal action in a wrongful death case. When someone suffers a personal injury, they file a lawsuit against the careless party. 

After Getting Hurt in a Car Accident, What Should I Do?

Make a 911 call. Capture pictures or videos at the scene of the collision. Obtain contact information from any witnesses as well. Visiting a physician is the most important step. You may not feel sick immediately, but you might develop symptoms later. Maintain a file with all of your medical appointments and bills. Inform your insurance company about the incident. 

Lastly, get in touch with a personal injury attorney that focuses on auto accidents. They can offer a free case evaluation, clarify your rights, and outline your legal choices.

Traffic Statistics in Iowa

You can look at the data on traffic and the percentage of fatal accidents in this section. The Hawkeye State home is home to 3,207,004 as of July 2023. People travel throughout the state using various modes of transportation. Therefore, learning more about road safety benefits driving, walking, or riding a bicycle. Below, we’ve highlighted some data that may influence travel.

  • Dangerous Highways: The Iowa State Patrol sees its share of fatal vehicle wrecks. The state has six stretches of deadly roads that are hotbeds for accidents and injuries. Proceed with caution when driving along U.S. 20 (Woodbury County), U.S. 6 (Pottawatomie County), I-80 (Jasper County), Iowa 5 (Marion County), U.S. 218 (Henry County), and Iowa 2 (Lee County).
  • Motor Vehicle Fatalities: In 2023, the Iowa Department of Transportation (IDOT) reported increased traffic crash-related deaths. There were 378 fatalities, which is a 12.17% increase compared to 2022. Plus, it’s the highest fatality rate since 2016. This negative trend highlights the need to remain vigilant regarding roadway safety.
  • Distracted Driving: Multiple factors contribute to fatal and non-fatal motor vehicle crashes. One of the leading causes is motorists who get distracted. Drivers lose attention when they eat, drink, or adjust the radio. The main distractions involve texting or talking on cell phones. An IDOT report states using phones and other electric devices led to 1,033 crashes in 2022. Among the crashes, six were fatal, resulting in six fatalities. 
  • Vehicle Crashes and Locations: Here’s a breakdown of the types of crashes: motorcycle (62), pedestrian (30), ATV/UTV (12), and Bicycle (5). More than half of the crashes occurred in rural areas (262) and the rest in urban settings (116).
  • Worst Driving Times: Unfortunately, fatal crashes are a 24/7 occurrence. However, specific hours, days, and months see the most significant upticks in these tragic traffic events. Based on data collected in 2023, the month of August had the highest death rate at 47 casualties. The closest months were July (40) and December (35).
  • Distracted Driving: It’s hard to imagine life without smartphones and other electronic devices. Despite their convenience, they could be more helpful when used while driving. In 2022, there were 1,033 crashes, with six resulting in fatal injuries.
  • Speeding: In 2022, Iowa handed down 114,178 speeding convictions. The top 5 counties with the highest convictions include Polk (14,549), Linn (3,956), Scott (3,880), Warren (3,047), and Woodbury (2,947). According to the Iowa State Patrol, over 1,100 motorists drove at least 100 mph in 2023.

The Iowa Governor’s Traffic Safety Bureau (GTSB) has launched traffic safety campaigns to reduce traffic-related deaths and injuries across the state.GTSB is a division of the Department of Public Safety. 

These statistics above can serve as an eye-opener for all Iowa residents. The numbers reveal the need to make road safety a top priority. After all, there are real lives behind each stat. Bringing attention to roadway hazards can help us make better decisions. Safer choices are vital to preventing auto accidents, injuries, and fatalities.

Iowa Grief & Trauma Resources

Resources by State

Talk to an Iowa Wrongful Death Lawyer

If you or a loved one has been involved in a personal injury or wrongful death case in Iowa, it’s crucial to seek guidance from an experienced legal professional who understands the complexities of the law and the local landscape. At Local Accident Reports, our dedicated team of attorneys is committed to helping you through this challenging time, providing compassionate support and skilled legal advice to protect your rights and secure the compensation you deserve. From evaluating your case to negotiating with insurance companies and representing you in court, we will stand by your side every step of the way.

Don’t wait to reach out for a comprehensive consultation to explore your legal options. Call us today at (888) 657-1460 to speak with a knowledgeable attorney who can offer the support and guidance you need to move forward confidently. Your journey to justice starts here, and we are ready to stand with you throughout the process.

Request Your Free Case Review Now

Motor Vehicle Crash Deaths by Road User Type and State

Car Occupants

Car Occupants

117

Pickup and SUV Occupants

Pickup and SUV Occupants

106

Large Truck Occupants

Large Truck Occupants

14

Motorcyclists

Motorcyclists

48

Pedestrians

Pedestrians

23

Bicyclists

Bicyclists

5

Scroll to Top