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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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Injured in a Car Accident in Nebraska or Iowa?

By Robert Stahle • October 22, 2025
A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.