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Avoiding Costly Mistakes in Your Personal Injury Claim

Robert Stahle • February 6, 2025

Navigating a personal injury claim can be a complex and stressful process. One wrong move could jeopardize your ability to receive fair compensation. To protect your rights and maximize your settlement, it's crucial to avoid common pitfalls that can negatively impact your case. Below, we discuss some of the most frequent mistakes claimants make and how an experienced personal injury attorney can help you steer clear of them.

1. Accepting an Early Settlement Offer

Insurance companies often offer quick settlements to injury victims, hoping they will accept less than they deserve. While it may be tempting to accept an offer and move on, early settlements usually undervalue your damages, leaving you without the compensation you truly need for medical expenses, lost wages, and long-term care. Once you accept an offer, you typically waive your right to seek additional compensation in the future. A personal injury attorney can evaluate the full extent of your damages and negotiate a fair settlement on your behalf.

2. Making Statements to Insurance Adjusters

After an accident, insurance adjusters may contact you for a statement. While they may seem friendly and concerned about your well-being, their primary goal is to minimize payouts for their company. Anything you say can be used against you to dispute your claim. Even a seemingly innocent remark like “I’m feeling okay” can be misconstrued to suggest your injuries aren’t severe. To protect your claim, it’s best to let your attorney handle all communications with insurance companies.

3. Failing to Provide Sufficient Evidence

Strong evidence is the backbone of a successful personal injury claim. Without adequate documentation, proving liability and the extent of your damages becomes difficult. Some common evidence-related mistakes include:

  • Not gathering witness statements
  • Failing to take photos of the accident scene and injuries
  • Neglecting to keep medical records and receipts
  • Not following up with doctors or adhering to treatment plans

An experienced attorney will ensure all necessary evidence is collected and properly presented to strengthen your case.

4. Missing Filing Deadlines

Every personal injury claim is subject to a statute of limitations, which sets a deadline for filing your lawsuit. Missing this deadline can result in losing your right to pursue compensation altogether. Additionally, other procedural deadlines may apply, such as notifying the appropriate parties within a certain time frame. A personal injury lawyer will track all deadlines to ensure your claim remains valid.

5. Representing Yourself Without Legal Expertise

Many injury victims attempt to handle their claims without legal representation, believing they can negotiate a fair settlement on their own. However, personal injury law is complex, and insurance companies have teams of lawyers working to protect their interests. Without an attorney, you may overlook crucial legal aspects or accept a lowball offer. Having a skilled attorney on your side significantly increases your chances of securing a favorable outcome.

Protect Your Rights with Professional Legal Help

Avoiding these costly mistakes can make all the difference in your personal injury case. An experienced personal injury attorney provides the knowledge and guidance needed to navigate the legal process effectively. If you’ve been injured due to someone else’s negligence, don’t risk your claim—seek professional legal assistance to ensure you receive the compensation you deserve.

For a free consultation and expert legal guidance, contact a trusted personal injury attorney today.

Fitch & Stahle Law Firm: Your Trusted Legal Advocates

At Fitch & Stahle Law Firm, we understand the challenges that come with pursuing a personal injury claim. Our experienced attorneys are dedicated to protecting your rights and ensuring you receive the compensation you deserve. With a strong track record of success, we provide personalized legal guidance and aggressive representation. Contact us today for a free consultation and let us help you navigate the legal process with confidence.

By Robert Stahle June 25, 2025
Legal Steps You Should Take The moments after a car accident are chaotic and frightening—but when you realize the other driver may be drunk, the fear and uncertainty intensify. You may be injured, confused, and unsure of what to do next. Taking the right steps immediately after the accident can significantly affect your ability to recover physically, emotionally, and financially. At Fitch & Stahle Law Firm , we’ve helped countless victims in Iowa and Nebraska who were hit by drunk drivers. If you ever find yourself in this situation, here’s what you need to know and do. 1. Call 911 Immediately Your safety and the safety of others come first. Call 911 to report the accident and request emergency medical assistance if anyone is injured. Make sure to inform the dispatcher if you suspect the other driver is impaired—this can ensure police respond quickly and gather critical evidence at the scene. When the officers arrive, give them an honest account of what happened, but avoid speculating or assigning blame. Stick to the facts. Law enforcement will perform sobriety tests or request a breathalyzer if they suspect intoxication, which is key evidence in your future claim. 2. Seek Medical Attention—Even If You Feel Fine Many injuries from auto accidents don’t show symptoms right away. Adrenaline can mask pain, and some injuries (like concussions or soft-tissue damage) take time to reveal themselves. Always get checked out by medical professionals at the scene or follow up immediately with your doctor. Having documented medical treatment is also essential for your legal case. Insurance companies often challenge claims that don’t have clear, timely medical records. 3. Gather Evidence at the Scene (If You Can) If you're physically able to, collect as much evidence at the scene as possible: Take photos of both vehicles, the accident site, and any visible injuries. Note the time, location, road conditions, and any nearby businesses or traffic cameras. Get the names and contact info of any witnesses. Write down anything you observe about the other driver—slurred speech, empty containers, erratic behavior. The more details you preserve early on, the stronger your claim will be. 4. Avoid Talking to Insurance Companies Without Legal Counsel After the accident, the at-fault driver's insurance company may reach out quickly. They may seem sympathetic, but their goal is to minimize their financial liability. Avoid giving recorded statements, signing any documents, or accepting a settlement before speaking to an attorney. Even your own insurance company may not act in your best interest if the claim involves underinsured or uninsured motorist coverage. A lawyer can handle these conversations and protect your rights. 5. Contact a Personal Injury Attorney Right Away Drunk driving accident cases can involve criminal and civil elements, multiple liable parties, and complex insurance policies. A qualified personal injury attorney can: Preserve evidence File paperwork on time Handle negotiations Represent you in court if needed At Fitch & Stahle , we know how to build a case that reflects the full impact of the crash—including medical bills, lost income, pain and suffering, and possible punitive damages . If you’ve been hit by a drunk driver in Iowa or Nebraska, don’t navigate the aftermath alone. Contact Fitch & Stahle Law Firm for a free consultation. We’ll walk you through every step, protect your rights, and fight for the full compensation you deserve.
By Robert Stahle June 18, 2025
When someone is injured by a drunk driver, the first question is often: “Will they go to jail?” Criminal charges such as DUI or OWI (Operating While Intoxicated) are often filed against the driver, especially if injuries or fatalities are involved. While this may result in fines, license suspension, or even jail time, the reality is this: a criminal case won’t pay your bills. To recover financial compensation for your injuries, you need to file a civil claim —a personal injury lawsuit. This is where true accountability happens for victims. At Fitch & Stahle Law Firm , we help people across Iowa and Nebraska navigate the civil justice system and pursue the compensation they need after a drunk driving accident. Here’s what you should know. Civil Cases Are Separate from Criminal Trials Many victims assume that if the driver is arrested and convicted of DUI, they’ll automatically be compensated. But criminal proceedings are about the state punishing the offender—not helping the victim recover. In fact, you can file a civil lawsuit even if the driver isn’t charged or convicted. While a conviction helps prove liability in civil court, it’s not required. Your personal injury attorney will build a case based on evidence of negligence and damages—whether or not the state takes action. What Damages Can You Recover in a Civil Claim? Civil cases allow victims to recover a broad range of compensatory damages , including: Emergency medical bills Ongoing treatment and rehabilitation Lost wages and future income Pain and suffering Mental anguish Vehicle and property damage Loss of enjoyment of life In many drunk driving cases, you may also be entitled to punitive damages . These are awarded to punish gross negligence—like driving with a high blood alcohol content or with prior DUI convictions. Punitive damages can dramatically increase your total compensation and serve as a warning to others. The Role of an Attorney in Building Your Case Civil lawsuits require a thorough investigation, documentation, and expert testimony. At Fitch & Stahle, we begin by collecting all the evidence: police reports, toxicology results, dashcam footage, witness statements, and medical records. If needed, we consult with accident reconstruction experts to establish what happened and why. We then calculate both economic damages (like medical bills) and non-economic damages (like emotional trauma), making sure no part of your suffering is overlooked. We also handle all communication with insurance companies and opposing counsel. Our team is skilled in negotiation and litigation, and we’re fully prepared to take your case to court if a fair settlement isn’t offered. When Third-Party Liability May Apply In some situations, additional parties may be held responsible. For example: Bars or restaurants that overserved the driver may be liable under dram shop laws Employers who allowed a known impaired driver to operate a company vehicle could also face liability We explore all angles to make sure you’re fully compensated. If you’ve been injured by a drunk driver in Sioux City or surrounding areas, the criminal justice system alone won’t protect your future. Let Fitch & Stahle Law Firm help you file a civil claim, recover full compensation, and hold the drunk driver—and any responsible parties—accountable. Contact us today for a free case review.
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