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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.

What Victims Should Know About Drunk Driving Injury Lawsuits in Iowa and Nebraska

By Robert Stahle • July 28, 2025
Including Dram Shop Liability

Drunk Driving Accidents & Nebraska Dram Shop Laws:

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.