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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.

How Drunk Driving Accident Victims Can Maximize Compensation With Legal Help

By Robert Stahle • June 11, 2025
When you’re injured by a drunk driver, the physical trauma is often only the beginning. Medical appointments, hospital stays, and prescription medications can last for weeks, months, or even years. You may be unable to work. You may lose your vehicle. And the emotional toll—fear, anxiety, depression—can weigh heavily on you and your family. Unfortunately, many accident victims never receive the compensation they truly need to recover. Insurance companies are skilled at downplaying injuries, undervaluing claims, and pushing quick settlements. These early offers often only cover short-term costs—and leave victims with nothing for long-term consequences. That’s why it’s crucial to work with a personal injury attorney who understands how to fight for your full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients throughout Iowa and Nebraska recover the financial support they deserve after being hit by drunk drivers. Here’s how having legal representation can make a difference: 1. Understanding the Full Value of Your Claim A serious injury isn’t just about your ER bill. A strong legal claim must account for: Follow-up medical care, physical therapy, and surgeries Future medical treatment or long-term care Mental health services for trauma, PTSD, or anxiety Lost wages and reduced ability to earn income Property damage and vehicle replacement Pain, suffering, and loss of enjoyment of life Without legal help, you may never even know you’re entitled to compensation for these elements—let alone how to calculate their true cost. Our attorneys work closely with doctors, financial experts, and accident specialists to build a comprehensive case that reflects the full scope of your losses. 2. Pursuing Punitive Damages In Iowa and Nebraska, courts may award punitive damages in drunk driving cases. Unlike compensatory damages (which are designed to cover your losses), punitive damages are intended to punish the offender for particularly reckless or egregious behavior and deter others from doing the same. These damages can significantly increase the value of your claim—but you need an experienced attorney to prove that the driver’s actions warrant them. We know how to present evidence of impairment, prior offenses, and other aggravating factors that strengthen your case. 3. Exploring Additional Sources of Compensation Sometimes, the drunk driver’s insurance policy won’t cover the full cost of your damages. In those cases, we explore: Your own underinsured/uninsured motorist coverage Dram shop liability (if a bar, restaurant, or event overserved the driver) Third-party liability (in rare cases, the driver’s employer or vehicle owner may also share responsibility)  Our team works to leave no stone unturned when identifying all potential sources of recovery. 4. Standing Up to the Insurance Companies Insurance adjusters are trained negotiators. Their job is to pay out as little as possible. Without a lawyer, they may take advantage of your lack of legal knowledge or pressure you into a fast settlement. With Fitch & Stahle in your corner, you don’t have to deal with their tactics. We handle all communication, submit all documentation, and push aggressively for the settlement you deserve. And if the insurance company won’t cooperate? We’re ready to take your case to court. If you or someone you love has been injured by a drunk driver in Iowa or Nebraska, don’t let the insurance company decide what your recovery is worth. Contact Fitch & Stahle Law Firm today for a free case evaluation. Let us help you move forward—with the compensation and justice you deserve.

Why You Need a Lawyer After a Drunk Driving Accident in Iowa or Nebraska

By Robert Stahle • June 6, 2025
Drunk driving accidents are among the most devastating types of crashes—and the most preventable. Every time someone chooses to drive under the influence of alcohol, they not only break the law, but they also endanger innocent lives. When you’re the victim of one of these reckless acts, the physical, emotional, and financial consequences can be overwhelming. Many accident victims assume that if the other driver was arrested for DUI, the case will resolve itself quickly and fairly. After all, if the police have proof that the driver was drunk, what else is there to fight about? The reality is far more complex. Even when intoxication is clear, recovering compensation is rarely straightforward. Insurance companies are primarily concerned with protecting their bottom line. They may admit the drunk driver was at fault but still dispute the amount of damages you’re owed. They may claim your injuries aren’t as severe as you say or argue that you had pre-existing conditions. In some cases, they may even try to shift partial blame to you. That’s why hiring an experienced drunk driving accident attorney is so critical. At Fitch & Stahle Law Firm , we represent clients throughout Iowa and Nebraska who have been harmed by drunk drivers. Our attorneys know how to build strong legal cases backed by evidence, expert testimony, and strategic negotiation. We don’t just take the word of the insurance company—we conduct our own investigations, obtain police and toxicology reports, interview witnesses, and, when necessary, work with accident reconstruction professionals to determine exactly what happened and who’s responsible. Beyond proving liability, our goal is to make sure every client receives the full amount of compensation they’re entitled to under the law. That includes not only current medical expenses and lost wages but also: Future medical care (surgeries, rehab, medications) Lost future earning capacity Pain and suffering Mental and emotional trauma Property damage Punitive damages when applicable In particularly egregious cases, we may also pursue compensation from third parties under Iowa or Nebraska’s dram shop liability laws . If a bar, restaurant, or even a private event served alcohol to someone who was visibly intoxicated or underage, that establishment could be held partially liable for the damages. Dealing with injuries, doctors, bills, and the trauma of the crash is hard enough. You shouldn’t also have to navigate legal paperwork, deadlines, and difficult insurance adjusters on your own. We provide personal, compassionate, and aggressive legal representation—so you can focus on healing while we focus on justice. Remember: The other driver’s arrest or conviction does not guarantee you fair compensation. Civil and criminal cases are separate, and only a personal injury claim will secure the financial support you need to recover and rebuild your life. If you or a loved one has been hit by a drunk driver in Sioux City or the surrounding areas of Iowa and Nebraska, don’t wait. Call Fitch & Stahle Law Firm today for a free consultation. We’ll help you hold the drunk driver—and their insurance company—fully accountable.
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