BLOG

How to Prove Losses in a Personal Injury Case

Robert Stahle • September 7, 2021
A person is laying in a hospital bed with an iv in their hand.

If you’re undertaking a personal injury claim for something like a car accident, motorcycle incident, or another mishap, you are entitled to collect damages. When a personal injury claim includes serious harm and extensive medical treatment, it can be common for the plaintiff to be unable to return to work and earn a living. In cases such as this, the court will require that you prove your losses. It’s important to have a qualified personal injury lawyer advocating for your interests.

Schedule a FREE Personal Injury Claim Consultation

Proving losses is something that can be challenging for everyday plaintiffs, which is why many people choose to hire Fitch & Stahle Law Firm. With extensive experience working in both the Iowa and Nebraska court systems, our attorneys understand the best ways to prove losses to the court and successfully argue your personal injury claim.

What Types of Losses Can You Sue For?

When suing for a personal injury claim, there are multiple types of losses. The main two that you’ll find are past lost income and future lost earnings. Past lost earnings, or income that was lost up to the point where the injured party’s claim is settled out of court or resolved after a court trial–are easier to prove. Once an expert witness’s medical testimony has established that the injured party has been unable to return to their employment as a result of the injuries suffered in the accident, the evidence needed to prove the lost earnings typically consists of testimony and documentation from the plaintiff’s employer. This documentation must confirm:


  • The absences from work
  • The earnings that would have been received had the injured party remained on the job

The second type of loss that you can sue for is future lost earnings. These are harder to prove because injured parties typically experience some degree of recovery over time that will eventually allow them to return to work.

How the Wage Loss Claim is Proven

To prove that your earnings have been affected as a result of a personal injury, you need to establish a variety of things. With the help of our personal injury lawyer, you can utilize the following pieces of evidence for your injury claim:


  • Pay stubs from your most recent job and tax returns to show earning capacity
  • Expert testimony about your specific field and industry, particularly the path of job progression in the field
  • Proof of your education and any training certificates that you possess
  • Expert general economic testimony about inflation multipliers that should be applied to future earnings
  • Proof of the value of the fringe benefits that you received from your job, as those count as compensation that you have lost due to injury
  • Medical expert testimony that shows how long the plaintiff cannot work for and how much work their injury prevents them from doing

Sioux City Personal Injury Attorneys

If you have suffered an injury due to the negligence of another person, our Sioux City personal injury attorneys can help you receive the compensation that you deserve. Contact us at 402-494-3012 today.

By Robert Stahle September 5, 2025
Why You Need a Personal Injury Lawyer
By Robert Stahle August 21, 2025
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.