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The Difference Between Personal Injury & Wrongful Death Cases

Robert Stahle • February 18, 2020
A wooden judge 's gavel is sitting on a wooden table in front of a scale of justice.

Personal injury and wrongful death claims have a few things in common. For one, they are both based upon the theory of negligence, that a duty was owed, the duty was breached, and damage resulted from the breach. Put simply, both cases arise when reckless or intentional behaviors of a person causes another person to suffer harm. However, beyond that, personal injury and wrongful death cases are significantly different in many regards.

Here at Fitch & Stahle Law Office , our dedicated team of attorneys has extensive experience in both personal injury and wrongful death cases. Whatever type of case requires our expertise, you can be guaranteed that we will handle it with care, compassion, and skill.

Personal Injury Cases

A personal injury case is a legal dispute that arises when one person suffers from accident or injury, and someone else might be legally responsible for the damage caused. If the accused is found guilty, their insurance company will pay money to the injured person for their medical bills, pain and suffering, and other ongoing medical expenses. Upon completing the medical treatment, the medical records are gathered and a demand is made for compensation for the injuries.

Compensation for the medical bills typically occurs if one of three things occur: lost wages, high medical bills, and pain and suffering. In some cases, the party’s spouse can bring a separate claim for loss of services because the injured party cannot perform certain duties.

Wrongful Death Cases

Wrongful death lawsuits are brought against a defendant who has caused someone’s death either through negligence or as a result of an intentional action. This is the main difference between personal injury cases and wrongful death cases : that in wrongful death, someone has died and in personal injury, someone has been injured but is not dead. In these cases, medical treatment may have been provided to the deceased for a certain amount of time, future treatment is no longer an issue. The compensation demand in wrongful death cases is for lost wages, medical treatment that occurred, and funeral expenses. Lost wages are based upon whatever future earnings would have occurred.

Here are some situations where wrongful death claims can arise and a wrongful death attorney is necessary:

· The victim is intentionally killed: In cases such as these, the lawsuits are brought by the victim's family.

· The victim dies of a medical malpractice: In these cases, wrongful death lawsuits are brought against a doctor or a hospital.

· Car accident fatalities involving negligence: In cases like these, the victim is not intentionally killed, but a driver’s negligence caused the death.

Sioux City, IA Wrongful Death Attorney

Whether you need to file a personal injury or wrongful death lawsuit, the professional attorneys at Fitch & Stahle Law Office are here to help. We are experienced in a variety of areas of the law, we are established in the Sioux City, Iowa and Nebraska region, and we are committed to fighting for your best interests.

Contact us 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.