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Damages in Wrongful Death Cases

Robert Stahle • September 4, 2020

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.

Holding Drunk Drivers Accountable in Civil Court: What Victims Should Know

By Robert Stahle • June 18, 2025
When someone is injured by a drunk driver, the first question is often: “Will they go to jail?” Criminal charges such as DUI or OWI (Operating While Intoxicated) are often filed against the driver, especially if injuries or fatalities are involved. While this may result in fines, license suspension, or even jail time, the reality is this: a criminal case won’t pay your bills. To recover financial compensation for your injuries, you need to file a civil claim —a personal injury lawsuit. This is where true accountability happens for victims. At Fitch & Stahle Law Firm , we help people across Iowa and Nebraska navigate the civil justice system and pursue the compensation they need after a drunk driving accident. Here’s what you should know. Civil Cases Are Separate from Criminal Trials Many victims assume that if the driver is arrested and convicted of DUI, they’ll automatically be compensated. But criminal proceedings are about the state punishing the offender—not helping the victim recover. In fact, you can file a civil lawsuit even if the driver isn’t charged or convicted. While a conviction helps prove liability in civil court, it’s not required. Your personal injury attorney will build a case based on evidence of negligence and damages—whether or not the state takes action. What Damages Can You Recover in a Civil Claim? Civil cases allow victims to recover a broad range of compensatory damages , including: Emergency medical bills Ongoing treatment and rehabilitation Lost wages and future income Pain and suffering Mental anguish Vehicle and property damage Loss of enjoyment of life In many drunk driving cases, you may also be entitled to punitive damages . These are awarded to punish gross negligence—like driving with a high blood alcohol content or with prior DUI convictions. Punitive damages can dramatically increase your total compensation and serve as a warning to others. The Role of an Attorney in Building Your Case Civil lawsuits require a thorough investigation, documentation, and expert testimony. At Fitch & Stahle, we begin by collecting all the evidence: police reports, toxicology results, dashcam footage, witness statements, and medical records. If needed, we consult with accident reconstruction experts to establish what happened and why. We then calculate both economic damages (like medical bills) and non-economic damages (like emotional trauma), making sure no part of your suffering is overlooked. We also handle all communication with insurance companies and opposing counsel. Our team is skilled in negotiation and litigation, and we’re fully prepared to take your case to court if a fair settlement isn’t offered. When Third-Party Liability May Apply In some situations, additional parties may be held responsible. For example: Bars or restaurants that overserved the driver may be liable under dram shop laws Employers who allowed a known impaired driver to operate a company vehicle could also face liability We explore all angles to make sure you’re fully compensated. If you’ve been injured by a drunk driver in Sioux City or surrounding areas, the criminal justice system alone won’t protect your future. Let Fitch & Stahle Law Firm help you file a civil claim, recover full compensation, and hold the drunk driver—and any responsible parties—accountable. Contact us today for a free case review.

How Drunk Driving Accident Victims Can Maximize Compensation With Legal Help

By Robert Stahle • June 11, 2025
When you’re injured by a drunk driver, the physical trauma is often only the beginning. Medical appointments, hospital stays, and prescription medications can last for weeks, months, or even years. You may be unable to work. You may lose your vehicle. And the emotional toll—fear, anxiety, depression—can weigh heavily on you and your family. Unfortunately, many accident victims never receive the compensation they truly need to recover. Insurance companies are skilled at downplaying injuries, undervaluing claims, and pushing quick settlements. These early offers often only cover short-term costs—and leave victims with nothing for long-term consequences. That’s why it’s crucial to work with a personal injury attorney who understands how to fight for your full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients throughout Iowa and Nebraska recover the financial support they deserve after being hit by drunk drivers. Here’s how having legal representation can make a difference: 1. Understanding the Full Value of Your Claim A serious injury isn’t just about your ER bill. A strong legal claim must account for: Follow-up medical care, physical therapy, and surgeries Future medical treatment or long-term care Mental health services for trauma, PTSD, or anxiety Lost wages and reduced ability to earn income Property damage and vehicle replacement Pain, suffering, and loss of enjoyment of life Without legal help, you may never even know you’re entitled to compensation for these elements—let alone how to calculate their true cost. Our attorneys work closely with doctors, financial experts, and accident specialists to build a comprehensive case that reflects the full scope of your losses. 2. Pursuing Punitive Damages In Iowa and Nebraska, courts may award punitive damages in drunk driving cases. Unlike compensatory damages (which are designed to cover your losses), punitive damages are intended to punish the offender for particularly reckless or egregious behavior and deter others from doing the same. These damages can significantly increase the value of your claim—but you need an experienced attorney to prove that the driver’s actions warrant them. We know how to present evidence of impairment, prior offenses, and other aggravating factors that strengthen your case. 3. Exploring Additional Sources of Compensation Sometimes, the drunk driver’s insurance policy won’t cover the full cost of your damages. In those cases, we explore: Your own underinsured/uninsured motorist coverage Dram shop liability (if a bar, restaurant, or event overserved the driver) Third-party liability (in rare cases, the driver’s employer or vehicle owner may also share responsibility)  Our team works to leave no stone unturned when identifying all potential sources of recovery. 4. Standing Up to the Insurance Companies Insurance adjusters are trained negotiators. Their job is to pay out as little as possible. Without a lawyer, they may take advantage of your lack of legal knowledge or pressure you into a fast settlement. With Fitch & Stahle in your corner, you don’t have to deal with their tactics. We handle all communication, submit all documentation, and push aggressively for the settlement you deserve. And if the insurance company won’t cooperate? We’re ready to take your case to court. If you or someone you love has been injured by a drunk driver in Iowa or Nebraska, don’t let the insurance company decide what your recovery is worth. Contact Fitch & Stahle Law Firm today for a free case evaluation. Let us help you move forward—with the compensation and justice you deserve.
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