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Avoiding Costly Mistakes in Your Personal Injury Case

Robert Stahle • January 22, 2025
A judge is holding a gavel and writing on a piece of paper.

Navigating a personal injury claim can be a complex and intimidating process. The decisions you make along the way can significantly impact the outcome of your case, including the compensation you receive. Unfortunately, many individuals unknowingly make costly mistakes that weaken their claims or even result in denial. Working with an experienced personal injury attorney can help you avoid these pitfalls and ensure your case is managed with precision and care.

Common Mistakes That Can Jeopardize Your Claim

The legal system is filled with procedural requirements and strategic challenges that can trip up even the most diligent individuals. Some of the most common mistakes include:

1. Accepting a Low Settlement Offer

After an accident, insurance companies often present early settlement offers that may seem tempting, especially if you’re facing mounting medical bills or lost income. However, these offers are usually far below the true value of your claim. By accepting prematurely, you may forfeit your right to pursue additional compensation for long-term damages, such as ongoing medical treatment or diminished earning capacity.

2. Saying the Wrong Thing to Insurance Adjusters

Insurance adjusters are trained to protect their company’s bottom line, often by minimizing your claim. Statements you make during conversations with them can be taken out of context and used against you. For example:

  • Admitting partial fault for the accident.
  • Downplaying the severity of your injuries.
  • Speculating about details you’re unsure of.

Without proper guidance, you risk inadvertently undermining your case.

3. Missing Filing Deadlines or Providing Insufficient Evidence

Each personal injury case has a statute of limitations—a strict deadline for filing your claim. Missing this deadline can result in the outright dismissal of your case. Additionally, a claim supported by weak or incomplete evidence is unlikely to succeed. Failing to gather and present necessary documentation, such as medical records, accident reports, or witness statements, can hurt your chances of proving liability and damages.

How an Attorney Helps You Avoid These Pitfalls

An experienced personal injury attorney serves as your guide through the legal process, helping you avoid costly errors and giving your case the best chance of success. Here’s how:

1. Strategic Negotiation with Insurers

Your attorney understands the tactics used by insurance companies and knows how to counter them effectively. They’ll handle all communications on your behalf, ensuring you don’t say anything that could harm your case and negotiating aggressively for a fair settlement.

2. Comprehensive Evidence Collection

From gathering medical records to consulting expert witnesses, your attorney will ensure your case is backed by strong and credible evidence. This preparation is crucial for both settlement negotiations and potential court proceedings.

3. Timely Filing and Legal Compliance

Your attorney will keep track of all deadlines and procedural requirements, ensuring your claim is filed correctly and on time. This attention to detail prevents technical errors that could jeopardize your case.

Protecting Your Right to Compensation

Navigating a personal injury claim is challenging, but you don’t have to face it alone. By working with an attorney, you can focus on your recovery while they handle the complexities of your case. Their expertise ensures that every aspect of your claim is managed effectively, increasing the likelihood of a successful outcome.

At Fitch & Stahle Law Office, we’re here to help you avoid costly mistakes and secure the compensation you deserve. Contact us today for a consultation and let us guide you through the process with confidence and care.

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.