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What Constitutes a Wrongful Death Lawsuit in Iowa and Nebraska?
Robert Stahle • May 24, 2019
The loss of a loved one is a tragic experience. However, when that loss was preventable and occurred due to someone else’s recklessness, negligence or general wrongdoing, the emotional devastation can be unbearable. Often, when the loss of a loved one is unexpected, family is left behind to pick up the pieces, creating undue emotional and financial hardship.
To help families recover from the devastation of their sudden loss, laws are in place to allow them to be awarded certain damages if it is determined that a wrongful death occurred. If you’ve recently suffered a loss, or are being charged in a wrongful death lawsuit, here are the basics of wrongful death cases and what to expect during the process.
How Is Wrongful Death Defined?
A wrongful death lawsuit may be filed when a victim has suffered loss of life due to the negligence, recklessness or intentional harmful act of another person. As an example, wrongful death lawsuits are often filed in response to medical malpractice, when a doctor failed to diagnose, provide appropriate care, or was negligent during a medical procedure.
Often people associate wrongful death lawsuits with unintentional deaths, however this isn’t always the case. If a victim was intentionally killed by another person, the defendant may be charged with homicide or murder, but the victim’s estate can file an additional wrongful death lawsuit against the accused.
In essence, the deceased’s estate my file a wrongful death lawsuit in any situation that would have qualified as a personal injury case had the person not had died as result of the actions or negligence of the other person or parties involved. The only real exception to this is when the death occurred due to a work-related accident or injury. In these situations, a wrongful death case is typically handled through the employer’s worker’s compensation
Who Can File a Wrongful Death Lawsuit?
A wrongful death lawsuit may be filed by the legal representative of the deceased person’s estate. Every state agrees that immediate surviving family members are eligible to file a wrongful death lawsuit, this would include spouses, a surviving parent, and in most cases an adult child of the deceased. In Iowa and Nebraska, more distant relatives such as aunts, uncles, grandparents or cousins are not specifically named as individuals who are entitled to file a wrongful death lawsuit unless they’ve been named as the legal representative of the estate or can prove financial dependence on the deceased.
What Is Recovered in a Wrongful Death Lawsuit?
Wrongful death lawsuits are intended to assist the survivors in their financial and emotional recovery after the sudden, unexpected loss of a loved one. Damages that may be recovered in a wrongful death lawsuit include medical costs, funeral and burial costs, loss of the deceased person’s income, compensation for the deceased person’s pain and suffering prior to death, compensation for the value of services provided by the deceased, loss of companionship and consortium, and more.
Contact a Siouxland Attorney to Discuss Your Case
If you have questions about a wrongful death lawsuit, Fitch & Stahle Law Office is here to help. If you would like to know more about wrongful death claims or are in need of legal representation, contact Fitch & Stahle Law Office for a one on one consultation today.
When most people think about car accident claims, they picture one driver suing another. But what happens when you’re the passenger? Whether you were riding with a friend, using a rideshare app, or simply carpooling to work, passengers have the same right to compensation as drivers—sometimes more. At Fitch & Stahle Law Firm , we regularly help injured passengers across Iowa and Nebraska secure the compensation they deserve. In this blog, we’ll explain how liability works for passenger injuries, what your options are, and how to protect your rights after a crash. 1. Passengers Are Almost Never at Fault The most important thing to know is this: as a passenger, you are rarely found at fault for a car accident. This puts you in a strong position when it comes to filing an injury claim. Whether the driver of your vehicle caused the accident or another vehicle was involved, you may be able to recover damages from one or both parties’ insurance providers. This means you can typically file a claim with: The driver of the vehicle you were in The driver of the other vehicle (if they were at fault) Both insurance policies, if fault is shared In states like Iowa and Nebraska , where comparative fault laws apply, passengers are almost always entitled to compensation unless they did something to contribute to the crash (e.g., physically interfering with the driver). 2. Who Pays for Your Injuries? Understanding Liability Liability depends on who caused the crash and what kind of insurance coverage is available. Here are the most common scenarios: • If the driver of your vehicle was at fault: You can file a third-party claim against their auto insurance policy. Even if they’re a friend or relative, you have a legal right to compensation for your medical expenses, lost wages, and pain and suffering. • If another driver was at fault: You can file a claim against the at-fault driver’s liability coverage. This is common in multi-vehicle accidents, where the other driver rear-ended or struck your vehicle due to negligence. • If both drivers share fault: You may be able to file claims against both drivers’ insurance policies and recover partial compensation from each, depending on the percentage of fault assigned to each driver. 3. What If You Were Riding in a Rideshare (Uber or Lyft)? If you were a passenger in an Uber or Lyft when the crash occurred, your claim may be covered by the rideshare company’s insurance, depending on when and how the accident happened. If the driver was transporting a passenger (you), rideshare companies typically carry $1 million in liability coverage . If the driver was waiting for a ride request or in transit without a passenger, a lower coverage limit applies. You can also potentially file a claim with the driver’s personal insurance policy. These cases can be complex, so having an experienced attorney is crucial for navigating rideshare claims. 4. What Damages Can You Recover as an Injured Passenger? As an injured passenger, you are entitled to the same types of damages as any other injured party. Depending on the severity of your injuries, you may be eligible to recover compensation for: Medical bills (ER visits, surgery, rehab, prescriptions) Lost wages (if you miss work during recovery) Loss of future earning capacity (if you can’t return to work) Pain and suffering Emotional distress Permanent disability or disfigurement The value of your claim will depend on the evidence of your injuries, how the crash occurred, and how it has affected your daily life. 5. What If You’re Related to the Driver? In some cases, your ability to file a claim may be limited if you are related to the at-fault driver and live in the same household. This is due to what's known as a "household exclusion" clause in many insurance policies. However, exceptions apply—particularly if: The policy does not include this clause You’re not a resident of the same household Additional liability coverage is available It’s essential to have an attorney review the insurance policies involved to understand your options. 6. What About Insurance Limits in Iowa and Nebraska? Both states require drivers to carry liability insurance: Iowa minimum coverage : $20,000 for injury or death of one person $40,000 for injury or death of two or more people $15,000 for property damage Nebraska minimum coverage : $25,000 for injury or death of one person $50,000 for injury or death of two or more people $25,000 for property damage These minimums can be exhausted quickly in a serious crash. If the liable driver’s insurance is insufficient, you may be able to pursue compensation through underinsured motorist coverage (UIM) —either through your own policy or one that covers the vehicle you were riding in. 7. Why You Shouldn’t Wait to File a Claim Each state has a statute of limitations for personal injury claims: Iowa: 2 years from the date of the accident Nebraska: 4 years from the date of the accident However, waiting too long can hurt your case. Evidence can disappear, witness memories fade, and insurance negotiations become harder. It’s in your best interest to speak with an attorney as soon as possible to start building your case. 8. How Fitch & Stahle Law Firm Can Help Injured Passengers At Fitch & Stahle , we’ve helped hundreds of clients across Iowa and Nebraska get the compensation they deserve—many of whom were passengers caught in crashes through no fault of their own. Our team will: Investigate the cause of the crash Determine all available insurance policies Communicate with insurers so you don’t have to Build a strong case backed by evidence Negotiate for a fair settlement—or take your case to court if needed We work on a contingency fee basis, so you pay nothing unless we win. Final Thoughts: Protect Your Rights as a Passenger Being in the wrong place at the wrong time shouldn’t cost you your health, your job, or your financial future. If you’ve been injured as a passenger in a car accident—whether in Iowa, Nebraska, or anywhere in the Siouxland area—you have legal rights and options for recovery. Don’t wait. Let the experienced legal team at Fitch & Stahle Law Firm help you understand your rights and pursue full compensation for your injuries.
Car accidents are unfortunately common across Iowa and Nebraska, from bustling cities like Omaha and Sioux City to quiet rural highways. While every crash is different, most accidents share a few root causes—and identifying the cause is key to determining who is legally responsible. If you or a loved one has been injured in a car accident, understanding liability is crucial. At Fitch & Stahle Law Firm , we help victims across Iowa and Nebraska pursue compensation for injuries caused by someone else’s negligence. In this blog, we break down the most common causes of crashes in the region and explain how liability is determined under state law. 1. Distracted Driving Distracted driving continues to be one of the leading causes of car accidents across the country—and Iowa and Nebraska are no exception. Whether it’s texting, checking GPS, eating, or adjusting the radio, any activity that diverts attention from the road increases the risk of a crash. Iowa law prohibits texting and driving for all drivers and bans handheld phone use for novice drivers. Nebraska law also bans texting while driving and enforces penalties for distracted driving that causes accidents. If a driver was distracted and caused the crash, they may be considered negligent—and thus liable—for any resulting injuries and damages. 2. Speeding and Reckless Driving Speeding is another major factor in serious and fatal accidents throughout the Midwest. On highways like I-80 in Nebraska or I-29 in Iowa, high-speed collisions often result in devastating injuries. Reckless driving—such as tailgating, weaving through traffic, or ignoring traffic signals—further increases the risk of multi-vehicle crashes. How liability is determined: Police reports, witness statements, traffic camera footage, and skid marks can all help establish that a driver was operating their vehicle recklessly and is at fault. 3. Driving Under the Influence (DUI) Operating a vehicle under the influence of alcohol or drugs is both illegal and highly dangerous. DUI-related crashes often result in severe injuries or fatalities due to impaired judgment and delayed reaction times. In both Iowa and Nebraska , the legal blood alcohol content (BAC) limit is 0.08% for drivers over 21. A driver under the influence can face criminal charges and civil liability if they cause an accident. In some cases, if a bar or restaurant overserved alcohol to a visibly intoxicated person, dram shop laws may allow you to file a claim against the establishment as well. 4. Poor Weather Conditions Icy roads, heavy snow, fog, and strong winds are common in both Iowa and Nebraska—especially during the winter months. While no one can control the weather, drivers are still expected to adjust their behavior accordingly. Driving too fast for conditions or failing to use headlights in poor visibility can be considered negligent. If someone crashes into you because they didn’t slow down during a snowstorm, they can still be held responsible—even if the weather contributed to the crash. 5. Running Red Lights and Stop Signs Intersections are hotspots for accidents, especially when drivers ignore traffic control devices. Failing to yield, blowing through red lights, or making illegal left turns can all cause serious side-impact or head-on collisions. Liability Tip: These types of violations are often clearly documented in police reports or video footage, making it easier to prove fault. 6. Fatigued Driving Drowsy driving can be just as dangerous as drunk driving. Long-haul truck drivers, night shift workers, and those with sleep disorders may fall asleep at the wheel or struggle with focus and reaction time. If a commercial driver causes an accident due to fatigue, the trucking company may also share liability under federal safety regulations—especially if they violated hours-of-service rules. 7. Vehicle Defects or Poor Maintenance Sometimes, an accident isn’t caused by a driver—but by a mechanical failure. Faulty brakes, defective tires, or malfunctioning steering components can all lead to dangerous crashes. In these cases, liability could fall on: The vehicle manufacturer The mechanic who last serviced the vehicle A parts supplier A rental car agency This is why it’s so important to have an attorney investigate all angles of the crash—not just the actions of other drivers. How Liability Works in Iowa and Nebraska Both Iowa and Nebraska follow comparative fault systems when determining accident liability: Iowa uses modified comparative fault : You can recover damages if you are less than 51% at fault. Your compensation will be reduced by your percentage of fault. Nebraska uses pure comparative fault : You can still recover damages even if you’re 99% at fault, but your compensation will be reduced accordingly. Example: If you’re awarded $100,000 but found to be 30% at fault, you’ll receive $70,000. This makes it critical to have legal representation that can limit your share of the blame and maximize your potential recovery. Proving Fault After an Accident To build a strong case, your attorney may use: Police reports and crash scene photos Eyewitness statements Surveillance or dashcam video Cell phone records Vehicle black box data Accident reconstruction experts The more evidence you have, the stronger your case—and the better chance you have of recovering fair compensation. Why You Need an Attorney After an Accident Even if liability seems clear, insurance companies may still try to minimize your payout or shift blame. At Fitch & Stahle Law Firm , we handle all aspects of your claim so you can focus on healing. We’ll investigate the cause of your crash, gather evidence, and deal with insurers on your behalf. We represent injured clients throughout Iowa and Nebraska, and we never charge a fee unless we win your case. Final Thoughts: Don’t Guess Who’s at Fault—Let Us Help If you were injured in a car accident, don’t assume you know who’s to blame—or what your case is worth. Many victims overlook important causes or accept partial fault without realizing it. Let Fitch & Stahle guide you through the legal process and fight for the compensation you deserve.