BLOG

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.

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.