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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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A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.