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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.

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A Guide for Grieving Families
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A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.