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When Can You Recover Damages for Wrongful Death Against a Hospital? 

Robert Stahle • December 20, 2018
owi charges - Sioux City, IA - Criminal Defense Attorneys

When someone dies as the result of the inappropriate, negligent, or inadequate care of a hospital, family and loved ones are left with their grief and plenty of questions. Often the untimely death of a person due to medical malpractice leave survivors facing unexpected costs and uncertainty about their financial future. Because of this, one of the most common questions family will have is if they can sue a hospital for the wrongful death of their loved one.

The answer to this question will depend on several facts about the case. Here is some information to help you understand if wrongful death has occurred and if the hospital is to blame.

What Is a Wrongful Death Claim?


Wrongful death involves the death of a person due to any type of medical malpractice committed by a medical professional. This professional could be anyone from a nurse or a doctor to an anesthesiologist. A wrongful death lawsuit is a claim that aims to answer the family’s questions about the loss of their loved one and protect the economic security of the survivors.

In order for wrongful death to be established, it must be proven that that medical negligence directly resulted in the patient’s death. There are many errors or lapses in judgement that can lead to medical negligence, however the most common include surgical errors, a misdiagnosis, and prescription errors.


Who Can File a Wrongful Death Lawsuit?


A wrongful death lawsuit cannot be filed by anyone who knew or was related to the deceased. The person who will ultimately serve as the deceased’s representative in a wrongful death case will be the person who was most closely related to him or her or has been otherwise appointed.

For instance, if a person was married, it is generally automatically assumed that the spouse will serve as the legal representative and file the lawsuit unless another person has been named to do so. In cases where there is no distinct closest relative, if a representative is not agreed upon, a court ruling can establish one.


What Damages Are Recovered in a Wrongful Death Lawsuit?

The monetary value that can be recovered in a wrongful death lawsuit against a hospital are intended to cover both economic and non-economic damages. For instance, economic damages might include medical and funeral expenses incurred as a result of the medical malpractice, the loss of earnings and/or benefits due to the passing of the victim, loss of inheritance, and economic value of the goods and services the victim would likely have provided if they had not died.

The burden that a family faces at the loss of a loved one often extends beyond expected financial expenses and losses. For this reason, damages for non-economic losses are often rewarded. Monetary awards for non-economic damages include pain, suffering, and mental anguish along with loss of companionship and consortium.


Work with an Experienced Attorney

If your family has been devastated by the wrongful death of a loved one to due medical malpractice, it may be possible to recover the damages that will enable you to begin the healing process. Contact Fitch & Stahle Law Offices and speak to one of our wrongful death attorneys 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.