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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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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. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. 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.