BLOG

The 4 Key Elements of Wrongful Death Lawsuits

Robert Stahle • August 10, 2020
A statue of a woman holding a scale of justice.

Wrongful death is a team used to refer to situations where a person dies or was killed due the negligence or misconduct of another, including murder. Surviving members of the victim’s family may sue for wrongful death in these cases, with the help of a wrongful death attorney. Their aim is to obtain compensation for their emotional and financial damages, and the people seeking the damages can include parents, spouses, and children of the deceased.

As defined by the law, there are four elements involved in a wrongful death lawsuit. People submitting the claim must prove each of the four elements to win the case for financial recompense. Here at Fitch & Stahle Law Office, our team of professional defense attorneys are here to help you work through a wrongful death lawsuit, in order to help you obtain the compensation to which you are entitled. Here are the four key elements that we will work through.

· Negligence: First, in wrongful death cases , the people filing the claim must prove that the death was due to negligence on the part of another person. This can also include intent to cause harm, recklessness, or carelessness by the other person.

· Breach of Duty: To win the case, the attorney must prove that the defendant in the lawsuit owed a duty to the deceased victim. For example, in wrongful death lawsuits related to medical malpractice, it must be proven that the doctor has a duty to maintain a patient’s health and that that duty was breached when the patient passed away.

· Causation: On top of proving how the duty of the defendant was breached toward the deceased, it also has to be proven how the defendant’s negligence caused the loved one’s death.

· Damages: The death of the victim must have generated quantifiable monetary damages such as funeral and burial costs, medical expenses, loss of income and potential earnings, and hospitalization. Additionally, these damages must have gone along with the pain and suffering of the victim prior to their death.

Common Causes of Wrongful Death

Our wrongful death attorneys work with people involved in a variety of different wrongful death cases. These include:


  • Occupational exposure and hazards
  • Medical malpractice
  • Automobile, motorcycle, or commercial truck accidents
  • Nursing home neglect
  • Criminal accidents involving shootings and stabbings
  • Product defects

The Burden of Proof in Wrongful Death Lawsuits

Compared to criminal cases, the burden of proof in wrongful death lawsuits is often lower. This is due to the fact that wrongful death lawsuits are civil actions. What this means for you is that winning the lawsuit involves presenting a variety of different types of evidence and making sure that the four key elements are fulfilled.

Sioux City Wrongful Death Attorney

If somebody you know has suffered a wrongful death, contact the attorneys at Fitch & Stahle Law Office. Our criminal defense attorneys have a strong reputation for fighting for your fair compensation for any medical bills, lost wages, and payment for any suffering caused.

Call our office at (402) 494-3012 today.

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.