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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.

By Robert Stahle October 30, 2025
A Guide for Grieving Families
By Robert Stahle October 22, 2025
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.