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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.

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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 October 30, 2025
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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.