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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 September 5, 2025
Why You Need a Personal Injury Lawyer
By Robert Stahle August 21, 2025
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.