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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.

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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. 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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.