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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 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.