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What Constitutes a Wrongful Death Lawsuit in Iowa and Nebraska?

Robert Stahle • May 24, 2019
wrongful death workplace attorney

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.

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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.