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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  • Parents, including parents of adult children, however their rights are superseded by that of the deceased adult child’s spouse or own children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 September 5, 2025
Why You Need a Personal Injury Lawyer
By Robert Stahle August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.