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Damages in Wrongful Death Cases

Robert Stahle • September 4, 2020
A man and a woman are hugging each other in a park.

When a loved one dies, it takes a large emotional toll on family members, as well as financial hardship. Laws in both Iowa and Nebraska provide the means to ease the financial hardship when a person or an entity is responsible for causing the deceased person’s death. In order to receive financial compensation, also known as damages, in cases such as these, you need to file a wrongful death lawsuit in court.

At Fitch & Stahle Law Office, our group of attorneys is experienced in handling wrongful death cases , and we will stand by your side and fight for you in court so that you can get the damages to which you are entitled. Here is an overview of wrongful death cases, as well as the types of damages that a wrongful death attorney can help you receive.

What is a Wrongful Death Case?

A wrongful death case can be defined as a civil action brought by the survivors of a person who died due to the negligence or intentional actions of another. Each state has a specific code of rules that governs wrongful death claims, which includes rules that identify who can file a wrongful death lawsuit. The rules of each state also identify when a wrongful death case needs to be filed, as well as the types of damages that can be received.

What are the Types of Damages Available in Wrongful Death Cases?

Damages in wrongful death cases tend to fall into two different categories, which are generally defined by distinct time periods.

The first category allows for recovery of financial damages experienced by the deceased from the moment of the negligent act causing the death, until the time of the decedent’s death. An example of this would be in a car accident. This category covers the time from the occurrence of the accident to the deceased person’s eventual death from the accident. Damages, in this case, would include medical expenses, the deceased person’s mental and physical pain, and the deceased’s lost wages.

The second category covers the financial losses experienced by the next of kin after the deceased’s death. State law dictates that these damages are intended to cover family survivors for their financial losses. For instance, if the deceased was earning money to cover the expenses of family members, the damages would cover their earnings that they would have made if not for the accident.

Who Can Receive Damages in Wrongful Death Cases?

When determining the amount and type of damages in a wrongful death case, a court will look at many factors surrounding the case, in order to determine who will receive the compensation. Typically, the compensation goes to:


  • Spouses : The surviving spouse usually has a claim for lost companionship
  • Children : Minor children can usually be awarded damages
  • Parents : Parents of a minor child who has passed away can recover damages for emotional trauma

Sioux City Wrongful Death Attorney

Whether you’re in Sioux City, Iowa, or Sioux City, Nebraska, you can count on Fitch & Stahle Law Office to help you obtain the wrongful death damages to which you’re entitled. Robert Shahle and Thomas Fitch have over 50 years of combined experience and access to the best legal resources in Nebraska and Iowa.

Contact our law office at (402) 494-3012.

By Robert Stahle July 30, 2025
Being injured by a drunk driver is one of the most devastating experiences a person can endure. What makes these accidents so tragic is that they are entirely preventable. When someone chooses to drive under the influence of alcohol or drugs, they put everyone else on the road at risk. The consequences for victims can include serious injuries, emotional trauma, and overwhelming financial burdens. If you or a loved one has been hurt in a crash caused by an impaired driver, you deserve justice—and you deserve full compensation for your losses. At Fitch & Stahle Law Firm, our experienced Sioux City drunk driving lawyers are committed to helping victims pursue fair settlements and hold negligent drivers accountable. In this guide, we’ll explain how DUI injury lawsuits work in Iowa and Nebraska, what compensation you may be entitled to, and why hiring a personal injury attorney is essential. What Makes Drunk Driving Accidents Different? Unlike other types of car accidents, drunk driving crashes often involve clear evidence of negligence. Driving with a blood alcohol concentration (BAC) over the legal limit is illegal in both Iowa and Nebraska. When an impaired driver causes a collision, their violation of the law can strengthen your civil case for damages. However, drunk driving accident claims are not always simple. Insurance companies may still try to limit their liability by disputing your injuries, suggesting you were partially at fault, or offering a settlement that doesn’t cover the full extent of your losses. That’s why it’s critical to work with a knowledgeable DUI injury lawyer who understands how to build a strong case and negotiate effectively on your behalf. Your Rights as a Victim of a Drunk Driver If you’ve been injured by a drunk driver in Iowa or Nebraska, you have the right to file a civil lawsuit seeking compensation. While the state may pursue a criminal DUI case against the driver, that case is focused on punishing the offender—not compensating the victim. A drunk driving lawsuit is your opportunity to recover the financial support you need to cover medical expenses, lost wages, pain and suffering, and more. Types of Compensation Available in DUI Injury Lawsuits Victims of drunk driving crashes can seek a variety of damages in a personal injury lawsuit: · Medical expenses: This includes emergency treatment, hospitalization, surgeries, physical therapy, medications, and any future medical care you may require. · Lost income: If your injuries prevent you from working, you may be entitled to recover lost wages, as well as compensation for reduced earning capacity in the future. · Pain and suffering: Drunk driving accidents often cause significant physical pain and emotional distress, for which you can seek compensation. · Property damage: You can recover the cost of repairing or replacing your vehicle and other damaged property. · Punitive damages: In cases of extreme negligence, such as drunk driving, courts may award punitive damages to punish the offender and deter similar conduct by others. Our team at Fitch & Stahle Law Firm carefully evaluates each client’s case to ensure all potential damages are included in the claim. Can Bars or Restaurants Be Held Liable? In some cases, the drunk driver isn’t the only party responsible for the accident. Under dram shop laws in Iowa and Nebraska, a business that serves alcohol to a visibly intoxicated person or a minor may be held liable if that individual causes an accident. This additional source of compensation can be vital in cases where the drunk driver lacks sufficient insurance coverage. Our attorneys investigate every angle of your case to identify all possible sources of recovery, including dram shop liability and uninsured/underinsured motorist coverage. The Role of a Personal Injury Attorney in Drunk Driving Lawsuits Hiring a skilled Sioux City personal injury attorney is one of the most important steps you can take after a drunk driving crash. Your lawyer will: · Investigate the accident thoroughly, gathering police reports, BAC test results, medical records, witness statements, and other evidence to prove liability. · Work with medical professionals to document the full extent of your injuries and estimate future treatment costs. · Calculate all damages to ensure no loss is overlooked. · Negotiate aggressively with insurance companies to pursue a fair settlement. · Prepare your case for trial if necessary to achieve the best possible outcome. At Fitch & Stahle, we have extensive experience handling DUI injury cases, and we are committed to protecting your rights at every stage of the legal process. Why Act Quickly After a Drunk Driving Accident? Time is critical after a DUI-related crash. Both Iowa and Nebraska have statutes of limitations that restrict how long you have to file a personal injury lawsuit. If you miss these deadlines, you could lose your right to compensation. Additionally, evidence can disappear quickly. Surveillance footage may be erased, witnesses’ memories may fade, and physical evidence at the scene may be lost. The sooner you contact a lawyer, the better your chances of building a strong case. Schedule a Free Consultation with Fitch & Stahle Law Firm If you or someone you love has been injured by a drunk driver in Iowa or Nebraska, don’t try to navigate the legal process alone. Let the experienced team at Fitch & Stahle Law Firm help you pursue justice and recover the compensation you deserve. Our Sioux City drunk driving lawyers are here to guide you through every step—from filing your claim to negotiating with insurers to representing you in court if needed. Call us today for a free consultation. We proudly serve clients in Sioux City, throughout Iowa, and across Nebraska.
By Robert Stahle July 28, 2025
Including Dram Shop Liability