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Understanding Damages in a Wrongful Death Lawsuit 

Robert Stahle • May 7, 2018
wrongful death lawsuit - sioux city, ia - south sioux city, ne

Often, when a loved one dies unexpectedly due to the negligent or harmful actions of another person, those left behind are hesitant to pursue a wrongful death case. When a family is grieving and hoping to heal, the idea of lawsuit seems like it will only prolong the process.

This is understandable, but there are also times when a wrongful death lawsuit can ease the grieving process. For example, if the family has found themselves suffering financially due to the loss of their loved one. In these cases, the damages awarded in a wrongful death case can ease the financial burden on the family and let them focus on healing and moving forward.

Understanding Damages in a Wrongful Death Case

Financial injury to the survivors of the deceased is the primary measure of damages awarded in a wrongful death case. These are called pecuniary injuries and include the loss of financial support, medical and funeral expenses and even loss of potential inheritance should the deceased had lived a longer life.

The damages that the family or estate may recover in a wrongful death case are determined by law. Each case is looked at individually and the amount awarded depends on the facts of the individual case, along with the availability of evidence that proves the damages.

Who Can Recover Wrongful Death Damages

The law sets very specific limits on who can collect damages in wrongful death cases. Although you might have had a very close, loving relationship with someone, if you don’t fall within this set of criteria, you have no grounds for recovering damages.

According to law, the following relatives can recover damages:


  • A surviving spouse
  • Adult children, including both biological and adopted. Stepchildren do not retain the same right
  • Parents, including parents of adult children, however their rights are superseded by that of the deceased adult child’s spouse or own children
  • A personal representative of the estate

What Types of Damages Can Be Recovered

It’s impossible to place a financial value on a person’s life, and no one person is worth more than another. However, when determining damages, the court will look at the financial value of the case. This means that damages awarded are based on monetary worth only. For example, the death of someone supporting a family with a large income may be awarded more than that of someone who had a lesser financial influence on their family.

Types of damages often recovered in a wrongful death case include:


  • Medical bills incurred because of the incident leading to the wrongful death
  • Funeral and burial expenses
  • Loss of income
  • Loss of benefits such as health insurance, pensions and social security
  • Child care expenses if the deceased was the primary person responsible for the care of child
  • Pain and suffering
  • Punitive damages

The First Step to Recovering Damages

If you think you have grounds for a lawsuit, the first thing you need to do is connect with an experienced wrongful death attorney. We’re experienced and knowledgeable in wrongful death cases, and we’re here to help you. If you live near the Sioux City, NE or Sioux City, IA areas contact Fitch & Stahle Law Firm today for a consultation.

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.