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Who Can Sue for Wrongful Death in the Loss of a Loved One?

Robert Stahle • November 27, 2019
A statue of justice is sitting on a wooden table.

It’s an unfortunate fact of life that accidents happen, and that sometimes they’re tragic, leaving behind devastation. While some accidents may be unavoidable, there are other times when a person’s negligence or wrongdoing brought about a situation that resulted in the death of another person. It’s in situations like these that those left behind might wonder if they should file a wrongful death lawsuit in response to the untimely passing of their loved one.


What Is a Wrongful Death Lawsuit

Wrongful death cases are brought about when the surviving loved ones of a deceased takes legal action against a defendant whose negligent or intentional actions resulted in the untimely death of their family member. Wrongful death claims allow for the estate of a deceased person to take such legal action against the liable party.

Wrongful death lawsuits seek monetary compensation to cover certain costs associated with the death, such as medical expenses and funeral costs. Most states also allow for additional damages to be awarded in a wrongful death case, including loss of inheritance, loss of future income, and compensation for loss of companionship, love, and consortium.


Who Can File A Wrongful Death Lawsuit?

In most wrongful death cases, the lawsuit is filed by a representative of the deceased’s estate. This is done on behalf of the survivors, with each state having its own laws governing who may file a wrongful death claim. In all states, the spouse of the deceased is entitled to initiate wrongful death action against the liable party, and if the deceased victim is a minor child, parents may bring legal action against the negligent party. A lawsuit can also be filed on behalf of minor aged children who lost a parent due to a wrongful death.

The more distant the familial relationship, the less likely the chances of being able to file a wrongful death lawsuit, unless financial dependence upon the deceased can be established. For instance, a cousin might not normally be eligible to file a wrongful death lawsuit, but if that cousin was a minor whom the deceased was providing for, there may be a basis for legal action.


Who Is a Defendant In a Wrongful Death Case?

The short answer is the person whose negligent or intentional behaviors caused the death of the victim. Still, this isn’t always cut and dry. The issue becomes more complicated in certain situations, such as when a wrongful death occurred on business property, or in an automobile accident where more than one party can be determined to be at fault. In these cases, it’s important to speak with a wrongful death attorney to understand if a lawsuit can be filed, and what’s involved in the process.


Receive the Compensation You Deserve

There’s no amount of money that can heal the void that the loss of a loved one leaves in your life. However, compensation awarded through a wrongful death lawsuit can help relieve the financial stress so that you can focus on grieving your loss and healing. If you’ve recently lost a loved one, and have questions about whether you can receive compensation, we’re here to help. Contact Fitch & Stahle Law Office and speak with a wrongful death attorney 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.