When people are working or traveling, there is always a possibility that they can be involved in a fatal accident. Attorneys who focus on wrongful death cases are available to assist families after they have lost someone during an unforeseen and tragic event.

Local news for the Des Moines, Iowa area reported on a worker who died while laboring in a rock quarry

Employee dies after getting trapped under rocks

The incident happened at around 1:15pm in Wendling Quarries, which is northeast of Des Moines and just outside the town of Garrison. 

First responders arrived to find the body of a man who was already deceased in a rock bin. Authorities on the scene were still investigating at the time of the news report, and they did not release an exact cause of death or any specific details about what happened in the moments before the accident. The victim’s name was also withheld. 

Lawsuits that follow deadly accidents 

When someone dies or gets hurt at work, it is usually the employer who will be held responsible in a civil injury lawsuit. An attorney for the plaintiff can argue that the business was negligent for not following safety regulations or other issues that may have compromised the victim’s safety. 

Wrongful death cases allow certain family members to stand in place of the victim and file the case on behalf of the deceased person’s estate. Usually, the person’s spouse and minor children are the beneficiaries of the action under Iowa law, but the administrator of the estate can bring the case as well. If the victim was a minor, their parents will usually receive any damages that are awarded.  

Keep in mind that a wrongful death case can be brought regardless of whether the person responsible faces criminal charges or the death is ruled an accident. There is also a fairly short statute of limitations, lasting just two years. 

Calculating damages

Damages are the amount of money that is paid out to a victim in a civil lawsuit. This essentially functions as a way of putting the victim in a financial situation that is comparable to if the accident had never happened. 

The damages can include expenses for funeral and burial, as well as hospitalization and medical treatment that were necessary in the aftermath of the incident. In many situations, the most significant source of damages are related to the amount of income the victim would have earned if they were still alive. For victims who were young or had high earning potential, this can be in the thousands or millions of dollars. 

Speak with an Iowa injury attorney

There are lawyers who assist people in Des Moines and throughout the state of Iowa. To get help from a legal professional, contact:

Eells and Tronvold Law Offices

1921 51st Street NE, Cedar Rapids, IA 52402-2400 

319-393-1020

www.eellsandtronvold.com

 

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