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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 July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.