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Avoiding Costly Mistakes in Your Personal Injury Claim

Robert Stahle • February 6, 2025
A wooden judge 's gavel with a stethoscope attached to it.

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 September 19, 2025
If you’ve been hurt in an accident due to someone else’s negligence, the idea of filing a personal injury claim can feel overwhelming. Between insurance companies, legal documents, medical bills, and emotional stress, you may not know where to begin—or what your rights are. At Fitch & Stahle Law Firm , we’ve helped countless injury victims across Nebraska and Iowa navigate the personal injury claims process with confidence. Whether you were hurt in a car crash, a slip and fall, or a workplace accident, our job is to take the burden off your shoulders so you can focus on healing. In this post, we’ll walk you through each step of a typical personal injury claim, explain the timeline, and show you how working with a local law firm can make all the difference. Step 1: Medical Treatment and Documentation The first and most important step is always your health. After any accident, seek medical attention immediately , even if your injuries seem minor. Not only is this essential for your well-being, but it also creates a medical record that links your injuries to the accident—something insurance companies will look for later. Your medical documents will form the foundation of your case, including: Emergency room records Imaging (X-rays, MRIs) Doctor’s notes and treatment plans Prescription medications Physical therapy reports At Fitch & Stahle , we work closely with your medical providers to make sure your injuries are thoroughly documented and that future medical needs are included in your claim. Step 2: Consultation with a Personal Injury Attorney Once your immediate medical needs are addressed, your next step should be to consult a personal injury lawyer —especially before speaking with insurance adjusters. When you contact Fitch & Stahle Law Firm , we’ll offer a free consultation where we: Review the details of your accident Evaluate the strength of your claim Estimate your potential compensation Explain the legal process in plain language There’s no pressure, and no fee unless we win your case. Our goal is to help you make an informed decision about your next steps. Step 3: Investigation and Evidence Gathering If you decide to move forward, we’ll begin building your case immediately. This involves a thorough investigation to gather all the facts, such as: Police or incident reports Witness statements Photos or video footage Expert opinions (accident reconstruction, medical, etc.) Vehicle or property damage estimates In Nebraska and Iowa, comparative negligence laws mean that your share of fault can affect how much you recover. That’s why it’s critical to build strong, clear evidence that supports your claim and minimizes any allegations of shared blame. Step 4: Demand Letter and Settlement Negotiations Once we’ve compiled all the necessary documentation and calculated your total damages (including future expenses), we’ll send a formal demand letter to the at-fault party’s insurance company. This letter outlines: What happened Why their client is at fault A full accounting of your damages A proposed settlement amount In many cases, this starts a negotiation process. Insurance companies often counter with a lower offer, but we are aggressive negotiators who know the true value of your case. We’ll fight to get you the best possible settlement—and advise you on whether it’s in your best interest to accept or proceed to trial. Step 5: Filing a Lawsuit (If Necessary) If the insurance company refuses to offer a fair settlement, we won’t hesitate to file a personal injury lawsuit in the appropriate court—whether in Dakota County, Nebraska , Woodbury County, Iowa , or elsewhere in the Siouxland area. Filing a lawsuit doesn’t necessarily mean your case will go to trial. Many cases settle during pre-trial stages such as: Discovery – Both sides exchange evidence and take depositions Motions – Legal arguments to resolve or limit aspects of the case Mediation – A neutral third party helps negotiate a settlement Still, we prepare every case as if it will go to court. That level of preparation often results in better settlements and ensures we’re ready to present a compelling case to a judge or jury if needed. Step 6: Trial (When Required) If a trial becomes necessary, Fitch & Stahle Law Firm will be by your side every step of the way. We have extensive courtroom experience and are well-known in local courts across Nebraska and Iowa . At trial, we’ll present your case using: Eyewitness and expert testimony Medical and financial records Visual evidence like diagrams, photos, or video Opening and closing arguments that clearly outline your suffering and loss While most personal injury cases settle out of court, we’re always prepared to litigate aggressively when justice requires it. How Long Does a Personal Injury Claim Take? Every case is different, but here’s a general timeline: Medical treatment and recovery : 2 weeks to 6 months Investigation and preparation : 1 to 2 months Demand and negotiations : 1 to 3 months Filing a lawsuit (if needed): Adds 6–12 months or more The statute of limitations for filing a personal injury claim is: 4 years in Nebraska 2 years in Iowa However, acting early improves your chances of a successful outcome. Why Work With Fitch & Stahle? ✅ Local Representation – Based in South Sioux City, we know the courts, insurers, and judges in your area. ✅ Licensed in Nebraska & Iowa – We’re ready to represent you on both sides of the river. ✅ No Fee Unless You Win – You have nothing to lose by reaching out. ✅ Personalized Legal Care – We listen, we explain, and we put your needs first. When you work with Fitch & Stahle Law Firm , you’re more than just a case—you’re a neighbor, a community member, and a person we’re proud to fight for. Start Your Claim Today If you’ve been injured in an accident in South Sioux City , Sioux City , or anywhere in the Tri-State area , let us help you navigate the legal process with confidence. 📞 Call now for a free consultation: (402) 494-3012 🌐 Visit us online at fitch-stahlelaw.com
By Robert Stahle September 17, 2025
What You Need to Know