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Waverly, Iowa Wrongful Death Attorneys Seek Compensation to Secure Your Family’s Future

Collaborating with survivors to plan the future

Dealing with a family member’s death is devastating in any circumstance. Families whose loved ones were taken by the wrongful actions of others deserve answers and, at a minimum, compensation for their lost loved one’s future earning potential and the loss of care and companionship. Money doesn’t bring a person back, but it can help families plan for tomorrow and give them a feeling that justice has been served to the extent our society allows. The compassionate attorneys at Gallagher, Langlas & Gallagher, P.C. aggressively pursue compensation for your wrongful death claim.

What is a wrongful death claim?

Wrongful death claims are a type of personal injury lawsuit arising from a death caused by another person’s or business’s negligent, reckless or wrongful conduct. Common causes of wrongful deaths include car accidents, big rig truck crashes, nursing home abuse and faulty products. Our personal injury attorneys investigate the facts of your case to gather evidence that the death occurred as a result of another party’s negligence. We continue building a solid foundation for your wrongful death case by gathering evidence linking the defendant’s actions to the injury.

Who can file a claim?

The personal representative of your loved one’s estate can be the plaintiff in a wrongful death case. The personal representative’s title for estate purposes depends on whether the decedent left a will. If so, the executor is the personal representative. If not, the person who petitions the probate court to open an estate for your loved one is known as the administrator. Administrators and executors are types of personal representatives. Either type of personal representative can file a wrongful death claim for your loved one’s estate.

Our seasoned professionals at Gallagher, Langlas & Gallagher, P.C. assist you with the entire process, including probate court. We are a full-service personal injury law firm with more than 60 years’ experience assisting the injured and their family members in the greater Waterloo community.

How much is a wrongful death claim worth?

Damages for a wrongful death claim can include economic damages, such as medical and burial expenses, and noneconomic damages, such as pain and suffering and punitive damages. While no one can predict with absolute certainty what would have happened in your loved one’s career, courts rely on a number of factors to estimate the value of lost future income the deceased probably would have earned in a lifetime, including:

  • Age and life expectancy
  • Earning capacity
  • Health and intelligence
  • Family members’ needs and losses
  • Medical and funeral expenses
  • Interest on losses incurred since the date of death

We add punitive damages to the expected lifetime income when we file a claim and ask a judge or jury for a final dollar amount. The purpose of punitive damages is to punish the wrongdoer and deter similar conduct in the future. We also seek payment for your attorney fees in the final compensation award.

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Esteemed Waterloo Lawyers Advocate for You in the Iowa Judicial Review of Your Workers’ Comp Claim

Overcoming obstacles for denied claims for more than 60 years

Since 1951, the lawyers at Gallagher, Langlas & Gallaher, P.C. have vigorously advocated for workers who were denied workers’ compensation, unemployment or health insurance benefits. We understand that your physical, occupational and financial stability is at stake, and the foremost goal of our experienced attorneys is to partner with you to resolve your legal challenges so that you and your family can be secure. We are not afraid to fight for your rights.

What is judicial review, and how does the process work?

Under Iowa law, if your workers’ compensation claim has been denied, you have the right to appeal denial decisions through the Iowa Workers’ Compensation Commission. In the event that the commission’s decision isn’t favorable to you, we can help you petition the Iowa District Court for judicial review of the matter. In the case of judicial review, the court reviews the findings of the commission and renders a decision in accordance with Iowa law relevant to workers’ compensation matters. If the district court’s ruling is not in your favor, you have the right to appeal. If the court of appeals doesn’t help you, you can go all the way up to the Iowa Supreme Court if necessary. The knowledgeable and skilled attorneys at our personal injury law firm work with you in navigating the process. We help you understand each step and help you determine your best options.

How long do I have to file a petition for judicial review?

You have 30 days after the denial decision by the Iowa Workers’ Compensation Commission, which is a final agency decision, to file a petition with the Iowa district court for review of the commission’s findings. Our Waterloo attorneys have decades of experience in assisting clients with petitions for judicial review and representing our clients’ interests thoroughly and with personable attention. It is important to act quickly after your claim is denied. We are prepared to review the decision and determine how to effectively and efficiently fight it. With us by your side, you can fight for your rights with confidence.

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Waterloo, IA Child Custody Attorneys Fight for Your Children’s Best Interests

Helping with family law matters in Waterloo and Waverly

At Gallagher, Langlas & Gallagher, P.C., we dependably serve the greater Waterloo community’s child custody needs. We work through mediation to avoid lengthy court battles when possible, but if a trial is necessary, we bring years of experience to the table to fight on your behalf. We understand your problems and partner with you in your legal challenges.

How do Iowa courts decide who gets custody?

Courts in Iowa follow a legal standard that puts the child’s best interests at the top of the priority list in custody issues. The court in your case considers many factors in evaluating your situation to decide what is in your child’s best interests, including:

  • The child’s age, sex, mental and physical health
  • The parents’ mental and physical health
  • The parents’ lifestyle and other social factors, including any history of child abuse
  • The emotional bond between parent and child and the parents’ ability to give the child guidance
  • The parents’ ability to provide the child with food, shelter, clothing and medical care
  • The child’s established living pattern (school, home, community, religious institution)
  • The quality of the child’s education in the current situation
  • The effect on the child of changing the status quo
  • The child’s preference, if the child is mature enough to formulate and articulate an opinion (normally around age 12)

Custody battles can be contentious and emotionally draining. Enlisting the guidance of practiced Waterloo divorce lawyers can radically reduce your stress and anxiety and give you confidence in the outcome.

Parental rights and visitation in Iowa

Parents have a right to enjoy a significant bond with their children, whether they stay together or get divorced. Children need love and devotion from both parents. As skilled divorce attorneys, we understand that the goal of visitation is to nurture and support healthy parent-child relationships.

Unless a parent’s rights have been restricted or terminated for cause, Iowa parents should enjoy the following rights:

  • The right to receive information from the other parent concerning the health, education and welfare of the child
  • The right to communicate with the other parent to the extent possible before making a decision concerning the health, education and welfare of the child
  • The right of access to medical, dental, psychological and educational records of the child
  • The right to consult with a physician, dentist or psychologist of the child
  • The right to consult with school officials concerning the child’s welfare and educational status, including school activities
  • The right to attend school activities
  • The right to be designated on the child’s records as a person to be notified in case of an emergency
  • The right to consent to medical, dental and surgical treatment during an emergency involving an immediate danger to the health and safety of the child
  • The right to manage the estate of the child to the extent that the estate has been created by the parent or the parent’s family
  • The right to be informed by the other parent in a timely manner of significant information concerning the health, education and welfare of the child

Call award-winning family law attorneys for reliable advice

Gallagher, Langlas & Gallagher, P.C., provides compassionate representation for families in legal disputes. Serving the Waterloo and Waverly area for more than 60 years, we deliver results with unwavering integrity and professionalism.