BLOG

Who Can Sue for a Wrongful Death Claim?

Robert Stahle • March 5, 2020
A man and a woman are sitting on a couch talking to a woman.

In the majority of states, a wrongful death occurs when a person dies due to the intentional action or negligence of another person or company. Because the deceased cannot sue the person or company at fault, another person must bring the wrongful death legal action in civil court. Wrongful death lawsuits typically seek damages, such as compensation for the survivor’s loss, lost wages from the deceased, lost companionship, and funeral expenses.

Fitch & Sthale Law Offices is a professional law firm working in both Sioux City, IA and South Sioux City, NE. Our team of attorneys specializes in wrongful death lawsuits, and we know that people often wonder who can sue for a wrongful death claim. Here is everything you need to know about wrongful death lawsuits.

What is a Wrongful Death Lawsuit?

A wrongful death claim can exist when a person dies due to the legal fault of another person or company. Wrongful death lawsuits are a relatively new concept in American law, and every state in the US has some kind of wrongful death law. Wrongful death cases can involve a wide variety of fatal accidents from car crashes to medical malpractice to product liability. People that can be sued include individuals, governmental agencies, and companies.

Who May Sue for Wrongful Death?

In wrongful death cases , because the deceased person cannot file the lawsuit, somebody else must do it. Each state has its own laws that control wrongful death claims, so the answer of who can file the claim will depend on the state. Thus, it is in your best interest to contact a wrongful death attorney to find out the specific laws for Iowa and Nebraska. However, from state to state, these are types of people who can file a wrongful death lawsuit:

Immediate Family: In every state, immediate family members such as parents, spouses, and children can recover under wrongful death actions.

Distant Family Members: Some states allow more distant family members such as siblings and grandparents to bring wrongful death lawsuits. For example, an aunt or an uncle that is raising a child may be able to bring forth a lawsuit.

Domestic or Life Partners: In some cases, a life partner who is not officially married to the deceased party can sue for wrongful death. This can also include people who are financially dependent on the victim.

Any Person Who Suffers Financially: Some states allow for people who suffer financially from the death to bring forth a lawsuit for lost care or financial support, even if they are not related by blood.

Sioux City Wrongful Death Attorney

If a loved one has been the victim of a wrongful death, contact the professional attorneys at Fitch & Stahle Law Office. We specialize in personal injury cases, which includes wrongful death. While we are compassionate and respectful, we will do everything in our power to fight for your legal right for compensation.

To learn more, contact us at (402) 494-3012.

By Robert Stahle October 30, 2025
A Guide for Grieving Families
By Robert Stahle October 22, 2025
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.