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Do I Have a Wrongful Death Case? Five Factors to Examine
Robert Stahle • May 12, 2020
The event of a loved one passing is never easy. However, this situation becomes even more challenging when they pass due to negligence or as a result of somebody’s intentional action. If somebody dies of another person or entity’s negligence, a wrongful death suit can be filed. These lawsuits are filed by a representative of the deceased person’s estate and seek damages and compensation for the family’s loss.
Here at Fitch & Stahle Law Office , one of the aspects of law that we specialize in are wrongful death claims. To help you understand if you have a wrongful death case, here are some things that you should examine.
When is a Wrongful Death Case Applicable?
A wrongful death lawsuit can arise in situations where a victim who would otherwise have a personal injury claim is killed as a result of the defendant's wrongful action. Here are three examples of cases that can be classified as wrongful death cases.
- Victim is intentionally killed : No matter the reason why the victim was killed intentionally, this situation is subject to a wrongful death lawsuit.
- Victim dies as a result of a car accident involving negligence: An example of this situation is a scenario in which the victim is killed in a car accident due to the negligence of another driver.
- Victim dies due to medical malpractice: If a doctor fails to diagnose a condition or if the doctor is careless in the quality of care provided, a wrongful death suit may possibly be brought against the doctor.
What Must Be Proven in a Wrongful Death Case?
When looking at a potential wrongful death case, a wrongful death attorney has to prove a few different things for it to be considered a wrongful death case.
- Financial injury: The estate that brings forward the wrongful death lawsuit typically must prove that the deceased provided financial support. This determination includes the loss of financial support, lost potential inheritance, loss of companionship, and medical and funeral expenses. Factors considered when determining financial loss include the victim’s age, character and condition, earning capacity, life expectancy, and health and intelligence.
- Legal fault: Individuals can be accused in wrongful death lawsuits, but so can manufacturers, designers, businesses, and other establishments. In order to successfully receive damages in a wrongful death case, it must be proved that an individual died due to the negligence of one of these other entities. The survivors must be able to prove the financial suffering and have been officially appointed to represent the deceased.
Sioux City Wrongful Death Attorney
Here at Fitch & Stahle Law Offices, our team of dedicated attorneys has been providing legal advice and representation to the residents of the Siouxland area for over 50 years. Our attorneys are well-practiced in a variety of different types of case law, including DUIs, personal injury and wrongful death.
To learn more about whether or not you have a wrongful death case on your hands, contact our attorneys at (402) 494-3012.
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.
Drunk driving accidents are among the most devastating types of crashes—and the most preventable. Every time someone chooses to drive under the influence of alcohol, they not only break the law, but they also endanger innocent lives. When you’re the victim of one of these reckless acts, the physical, emotional, and financial consequences can be overwhelming. Many accident victims assume that if the other driver was arrested for DUI, the case will resolve itself quickly and fairly. After all, if the police have proof that the driver was drunk, what else is there to fight about? The reality is far more complex. Even when intoxication is clear, recovering compensation is rarely straightforward. Insurance companies are primarily concerned with protecting their bottom line. They may admit the drunk driver was at fault but still dispute the amount of damages you’re owed. They may claim your injuries aren’t as severe as you say or argue that you had pre-existing conditions. In some cases, they may even try to shift partial blame to you. That’s why hiring an experienced drunk driving accident attorney is so critical. At Fitch & Stahle Law Firm , we represent clients throughout Iowa and Nebraska who have been harmed by drunk drivers. Our attorneys know how to build strong legal cases backed by evidence, expert testimony, and strategic negotiation. We don’t just take the word of the insurance company—we conduct our own investigations, obtain police and toxicology reports, interview witnesses, and, when necessary, work with accident reconstruction professionals to determine exactly what happened and who’s responsible. Beyond proving liability, our goal is to make sure every client receives the full amount of compensation they’re entitled to under the law. That includes not only current medical expenses and lost wages but also: Future medical care (surgeries, rehab, medications) Lost future earning capacity Pain and suffering Mental and emotional trauma Property damage Punitive damages when applicable In particularly egregious cases, we may also pursue compensation from third parties under Iowa or Nebraska’s dram shop liability laws . If a bar, restaurant, or even a private event served alcohol to someone who was visibly intoxicated or underage, that establishment could be held partially liable for the damages. Dealing with injuries, doctors, bills, and the trauma of the crash is hard enough. You shouldn’t also have to navigate legal paperwork, deadlines, and difficult insurance adjusters on your own. We provide personal, compassionate, and aggressive legal representation—so you can focus on healing while we focus on justice. Remember: The other driver’s arrest or conviction does not guarantee you fair compensation. Civil and criminal cases are separate, and only a personal injury claim will secure the financial support you need to recover and rebuild your life. If you or a loved one has been hit by a drunk driver in Sioux City or the surrounding areas of Iowa and Nebraska, don’t wait. Call Fitch & Stahle Law Firm today for a free consultation. We’ll help you hold the drunk driver—and their insurance company—fully accountable.