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Understanding What It Means to File a Wrongful Death Lawsuit

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

There are no words that can express how it feels to lose someone you love. When this loss is the result of the harm or negligence of another person, feelings of confusion and grief can disrupt the lives your family and close friends left behind.

During this time of tragedy, filing a lawsuit to rectify the death of a loved one is probably the last thing on your mind. However, many families find that there’s some closure in holding those allegedly responsible for the death accountable, and while no amount of money can bring a loved one back, monetary compensation for the loss can be a step towards healing and moving forward.

Defining Wrongful Death

A wrongful death lawsuit is a civil case brought against the person, or persons, accused of causing the death of another person. There is no statue that specifically defines what constitutes wrongful death, and therefore any death as the result of a negligent or wrongful act can be considered for a lawsuit.

This means that wrongful death cases can take many forms, and it’s important to understand what elements must be present for a case to be considered. The following are the key elements of a wrongful death case.


  • The death of human being has occurred
  • The death occurred due to another’s negligence or purposeful intent to cause harm
  • The death resulted in surviving family members suffering from monetary injury or financial strife
  • There is an appointed representative of the deceased

Examples of Wrongful Death

Many times, the surviving family might feel that they’ve lost their loved one due to an unavoidable accident, or simply being in the wrong place at the wrong time. The truth is that often, there was something that could have been done to prevent the death from occurring. In wrongful death cases, we look at the individual details of each case.

Here are a few examples of possible wrongful death causes.


  • Criminal activity that results in death
  • Medical malpractice that results in death
  • Death during an activity that should have been supervised
  • Automobile accidents
  • Airplane accidents
  • Occupational hazards involving dangerous conditions or exposure to hazardous substances

Keep in mind that these are only a few of the most common reasons that survivors seek a wrongful death lawsuit. It’s important to speak with legal counsel about any harmful or negligent act that shortened the life of your loved one.

Filing a Wrongful Death Lawsuit

Not everyone can file a wrongful death lawsuit on behalf of the deceased. The victim’s spouse, children, parents or administrator of victim’s estate are the only ones allowed to file the suit in Iowa and Nebraska courts. In cases where a will did not name an administrator, the court will often ask that one be named before the lawsuit is filed.

Family members should also know that a wrongful death case is separate from any other criminal charges that may have occurred as the result of the death of their loved one, and the verdict in one case will not affect the other.

Seek Qualified Legal Help

In Iowa and Nebraska, there is a statute of limitations of 2 years. While 2 years seems like forever when you’re grieving the loss of a loved one, time passes quickly and it’s important to not wait too long to contact a wrongful death attorney about your case.

If you have questions about a wrongful death, we’re the experienced, compassionate legal team that can help. Contact Fitch & Stahle Law Firm today to schedule 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.