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Be Careful After a Personal Injury Claim

Robert Stahle • April 5, 2021
A close up of a gold judge 's gavel on a black surface.

So you’ve successfully filed a personal injury claim with our personal injury attorney. Now what? Unfortunately, the process of getting compensation for a personal injury can be long and in-depth, especially if the opposition has a talented defense lawyer working for them. During the fact-finding process, the opposition can gather evidence to dispute your personal injury or workers’ compensation claim and do everything they can to win the case for themselves.

Here at Fitch & Stahle Law Office, our personal injury lawyer will be standing at your side throughout the process of the lawsuit. Here is an overview of how the opposing counsel can try to dispute your claim.

The Discovery Phase of a Personal Injury Case

In a personal injury case (and the majority of court cases), the discovery process is when each party investigates what the other side’s legal claims and defenses are. They send interrogatories, or questions, and document requests to one another. They also take depositions of all relevant parties in the case, including witnesses, beginning with the plaintiff and defendant. This entire process can last up to one year, depending on how complex the case is.

When it comes to personal injury claims, the opposition has access to a variety of physical and digital materials that are available. They will use these to prove their case in front of a judge. These materials include:


  • Medical records
  • Investigator software
  • Social media posts

Common Defenses Used Against Claims

Once the defense has gathered information that can be used against you, they will begin to mount a case to disprove your claim. Common types of defenses include:

· Contributory negligence: This defense blames the plaintiff. For instance, if you were rear-ended while driving, but you weren’t wearing a seat belt, contributory negligence will put the blame on you because a seat belt would have prevented the injuries.

· Assumption of risk: This defense states that the plaintiff assumes all or part of the risk involved in a dangerous activity and should have known about the danger.

· Pre-existing injuries: If you have had an accident in the past, you may find that the defense tries to use that against you. They might say that you are filing for damages based on the past injury and not the current one.

· The statute of limitations: The statute of limitations is the legal timeframe you have to file your claim. If you fail to do so in that timeframe, you can no longer seek compensation.

· Release of liability waiver: If you sign a release of liability waiver, you can no longer seek compensation.

Work With Our Siouxland Personal Injury Lawyer

The personal injury attorneys at Fitch & Stahle Law Office understand the tactics that the opposition will use to disprove your claim. We will work with you to get you the compensation that you deserve. To get started with our professionals, give us a call at 402-494-3012.

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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.