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Understanding Wrongful Death Claims in Nebraska and Iowa:
A Guide for Grieving Families

Losing a loved one is devastating. When that loss is caused by someone else’s negligence or wrongdoing, the pain is compounded by questions, frustration, and a sense of injustice. In these tragic circumstances, families have the legal right to seek accountability through a wrongful death claim.
At Fitch & Stahle Law Firm, we help families in South Sioux City, Sioux City, and throughout Nebraska and Iowa understand their rights and pursue the justice and financial compensation they deserve. In this guide, we’ll explain what wrongful death means, how these cases work, and how our firm can help you navigate the process with compassion and care.
What Is Wrongful Death?
A wrongful death occurs when someone dies due to the negligent, reckless, or intentional actions of another person, business, or entity. It is a civil legal action brought by surviving family members or representatives of the deceased’s estate.
Common causes of wrongful death include:
- Car and truck accidents
- Drunk driving crashes
- Medical malpractice
- Workplace accidents
- Defective products
- Nursing home neglect or abuse
- Violent criminal acts
In Nebraska and Iowa, the goal of a wrongful death lawsuit is not to assign criminal punishment (that’s a separate process), but to hold the responsible party financially liable for the harm they’ve caused.
Who Can File a Wrongful Death Claim?
In Nebraska:
A wrongful death claim must be filed by the personal representative of the deceased’s estate, often named in the will or appointed by the court. The damages awarded go to the estate and are distributed to surviving family members according to Nebraska law.
In Iowa:
The claim can be brought by the administrator of the estate, or in some cases, by surviving family members such as a spouse, children, or parents. Like Nebraska, any damages recovered are distributed through the estate.
If you’re unsure who can file or how to get started, Fitch & Stahle Law Firm can guide you through the process, including help with probate or estate-related questions.
What Compensation Is Available in a Wrongful Death Claim?
While no amount of money can replace your loved one, compensation can ease the financial burdens that often follow a sudden death and provide some measure of justice.
Damages in a wrongful death case may include:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of financial support (present and future)
- Loss of companionship, guidance, and emotional support
- Pain and suffering experienced by the deceased prior to death
- Loss of household services or care provided by the deceased
In certain cases involving gross negligence or intentional harm, punitive damages may also be awarded to punish the wrongdoer.
How Long Do You Have to File a Wrongful Death Lawsuit?
Time limits for filing a wrongful death claim are strict:
- In Nebraska: You must file within two years of the date of death.
- In Iowa: You must also file within two years from the date of death.
Failing to file within the statute of limitations can result in losing your right to pursue compensation forever. That’s why it’s so important to speak to an attorney as soon as possible after a fatal accident.
Proving a Wrongful Death Case
To succeed in a wrongful death claim, you must prove:
- Duty of care: The defendant had a legal obligation to act responsibly (e.g., a driver must operate their vehicle safely).
- Breach of duty: That duty was violated through negligence or wrongdoing.
- Causation: The breach directly caused your loved one’s death.
- Damages: The death resulted in financial and emotional harm to surviving family members.
At Fitch & Stahle, we conduct thorough investigations, gather evidence, and consult with experts to build a strong, well-documented case on your behalf.
Why You Need an Attorney for a Wrongful Death Case
Wrongful death cases are complex. They require a deep understanding of local laws, civil procedures, and how to value non-economic losses like grief, loss of companionship, or a child growing up without a parent.
An experienced personal injury and wrongful death lawyer can:
- Handle all legal paperwork and deadlines
- Investigate the cause of death
- Identify all liable parties
- Work with insurance companies and defense attorneys
- Help you through probate, if necessary
- Fight for fair compensation—whether through settlement or trial
At Fitch & Stahle Law Firm, we take pride in offering compassionate support during one of the most difficult times in a family’s life. You don’t have to go through this alone—we’re here to help every step of the way.
Local, Trusted Representation in South Sioux City and Siouxland
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Experienced in Nebraska & Iowa law
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Local knowledge of courts, insurance carriers, and judges
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Track record of results in serious injury and fatal accident cases
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Compassionate service and honest communication
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No legal fees unless we recover compensation for you
From fatal car crashes to nursing home negligence, we’re ready to fight for your family’s right to justice and accountability.
Contact Fitch & Stahle Law Firm Today
If you believe your loved one’s death was caused by someone else's negligence or wrongdoing, don’t wait. The legal clock is ticking—and the sooner we get started, the stronger your case will be.
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Call us now for a free consultation:
402-494-3012
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Learn more at
fitch-stahlelaw.com
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Visit our office in South Sioux City, Nebraska
You’ve suffered a devastating loss. Let Fitch & Stahle Law Firm help you take the next step toward healing, justice, and peace of mind.


