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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.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.