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Do I Have a Wrongful Death Case? Five Factors to Examine

Robert Stahle • May 12, 2020
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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.

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What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. 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Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.