Wrongful Death

WRONGFUL DEATH ATTORNEY IN NEBRASKA AND IOWA

In legal parlance, a wrongful death occurs when a person is killed due to the fault of another party. Examples of wrongful death can include car accidents, medical errors, and defective products. The death can be caused by either negligence or as the result of some intentional action. Both Iowa and Nebraska have wrongful death laws that allow the estate and the victim’s family to recover compensation from the accused party. 

Here at Fitch & Stahle Law Office, our wrongful death lawyers help families of the deceased receive the compensation that they are entitled to. We are licensed to practice in both Sioux City, Iowa, and Nebraska, and our personal injury attorneys have extensive experience fighting for the rights of our clients. 

What is a Wrongful Death Lawsuit?

If a person dies as the result of the misconduct or negligence of another person or the accident results in a catastrophic injury, the family members or survivors can sue for wrongful death. The lawsuit aims to seek compensation for the losses suffered by the survivors. Losses can include:
  • Lost companionship
  • Lost wages
  • Funeral expenses

When is a Wrongful Death Claim Applicable?

A wrongful death claim can be filed after a situation in which a victim who would otherwise have a valid personal injury claim dies as a result of the wrongful actions of the defendant. This can apply in a variety of different situations, including:
  • Intentional killing: If one person intentionally kills another, a wrongful death lawsuit can be brought forward. In addition to the assailant facing charges in a criminal case, the victim’s family may also bring forth civil lawsuits for wrongful death. 
  • Medical malpractice: If a doctor fails to diagnose a condition or if a doctor is careless in the care that was provided, the survivors can file a wrongful death claim against the doctor and other medical care providers involved. 
  • Automobile accidents: If the victim was killed in an automobile accident that was the fault of another driver, a wrongful death claim can be created. 

What Must be Proven in the Case?

To receive compensation from the negligent party, the person bringing forth the lawsuit has to prove what is known as a breach of duty of care. Our attorneys can help you prove to the judge that the defendant owed the victim a duty of care, that the defendant breached this duty, that the breach of duty was a direct cause of death, and that the death caused the damages that the plaintiff is attempting to recover. 

 What Kinds of Damages Can be Recovered?

Damages in a wrongful death claim can include:
  • The deceased person’s pre-death pain and suffering
  • Funeral and burial costs
  • Loss of the deceased person’s expected income
  • The medical treatment costs that the deceased victim incurred as the result of the injury before death
  • Loss of any inheritance as a result of the death
  • Loss of care, guidance, and nurturing that the deceased would have provided

 Wrongful Death Lawsuits in Sioux City

If you believe that you are entitled to compensation for the unjust loss of a loved one due to accidental death, medical malpractice, or other instances, our team of experienced attorneys can help recover it. Contact us at 402-494-3012 to schedule a free consultation with a wrongful death attorney in Nebraska and Iowa.
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