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Can I Be Compensated if I Am Partially at Fault?

Robert Stahle • August 30, 2017

Partially Responsible - Personal Injury Attorney - Sioux City, IA

Personal injury claims are often very complicated and can result in a lengthy legal process, no matter which side of the claim you are on. In most of these cases, you may still be able to recover some form of compensation, even if you or a loved one is partially at fault. However, in this type of case, there are many different factors that may affect the final outcome of your claim. As with any personal injury claim, it is in your best interest to speak with a personal injury attorney at the Fitch & Stahle law firm for guidance throughout the process.

What Happens if I Am Partially At Fault in a Personal Injury Claim?

Personal injury claims can cover a wide range of situations. With these types of claims, the law states that individuals can be held responsible if their own reckless behavior or negligence caused another person to become injured or they damage another person’s property. While that may sound very simple, most accidents are the result of a variety of different factors and in some cases, the injured party may share some amount of responsibility for how things unfolded.

In personal injury situations where you are found to be partially at fault, you may still receive some form of monetary compensation but the amount that you will receive can vary greatly based on several factors.

How is Partial Responsibility for an Accident Decided?

In accidents where both parties share some amount of responsibility, a judge or jury must take into consideration the comparative negligence theory. This means that they will work to determine the percent of fault that each party had in the accident or incident. Once this percentage has been decided, the total amount of compensation that the plaintiff is eligible to receive will be reduced by the percentage of fault.

For example, if you were involved in an auto accident with another driver who was driving under the influence but you were also speeding at the time of the collision, the judge or jury will have to decide what percentage of fault you are responsible for. If they decide that you are 40 percent responsible, you are still eligible to receive 60 percent of the damages owed to you. Additionally, if the other driver suffered losses as well, you and your insurance company will be responsible for 40 percent of their damages.

Put Your Trust in an Experienced Personal Injury Attorney

When you work with one of the experienced personal injury attorneys at our law firm in Nebraska, you can count on expert guidance to help you navigate the legal process. In difficult personal injury claims where you may be partially at fault for the accident, it is always a good idea to work closely with a knowledgeable attorney to make sure you have the best chance of getting the settlement that you deserve. For more information on the services offered at Fitch & Stahle Law Offices or to schedule your free initial consultation , be sure to visit our law firm online today.

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How Drunk Driving Accident Victims Can Maximize Compensation With Legal Help

By Robert Stahle • June 11, 2025

When you’re injured by a drunk driver, the physical trauma is often only the beginning. Medical appointments, hospital stays, and prescription medications can last for weeks, months, or even years. You may be unable to work. You may lose your vehicle. And the emotional toll—fear, anxiety, depression—can weigh heavily on you and your family. Unfortunately, many accident victims never receive the compensation they truly need to recover. Insurance companies are skilled at downplaying injuries, undervaluing claims, and pushing quick settlements. These early offers often only cover short-term costs—and leave victims with nothing for long-term consequences. That’s why it’s crucial to work with a personal injury attorney who understands how to fight for your full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients throughout Iowa and Nebraska recover the financial support they deserve after being hit by drunk drivers. Here’s how having legal representation can make a difference: 1. Understanding the Full Value of Your Claim A serious injury isn’t just about your ER bill. A strong legal claim must account for: Follow-up medical care, physical therapy, and surgeries Future medical treatment or long-term care Mental health services for trauma, PTSD, or anxiety Lost wages and reduced ability to earn income Property damage and vehicle replacement Pain, suffering, and loss of enjoyment of life Without legal help, you may never even know you’re entitled to compensation for these elements—let alone how to calculate their true cost. Our attorneys work closely with doctors, financial experts, and accident specialists to build a comprehensive case that reflects the full scope of your losses. 2. Pursuing Punitive Damages In Iowa and Nebraska, courts may award punitive damages in drunk driving cases. Unlike compensatory damages (which are designed to cover your losses), punitive damages are intended to punish the offender for particularly reckless or egregious behavior and deter others from doing the same. These damages can significantly increase the value of your claim—but you need an experienced attorney to prove that the driver’s actions warrant them. We know how to present evidence of impairment, prior offenses, and other aggravating factors that strengthen your case. 3. Exploring Additional Sources of Compensation Sometimes, the drunk driver’s insurance policy won’t cover the full cost of your damages. In those cases, we explore: Your own underinsured/uninsured motorist coverage Dram shop liability (if a bar, restaurant, or event overserved the driver) Third-party liability (in rare cases, the driver’s employer or vehicle owner may also share responsibility) Our team works to leave no stone unturned when identifying all potential sources of recovery. 4. Standing Up to the Insurance Companies Insurance adjusters are trained negotiators. Their job is to pay out as little as possible. Without a lawyer, they may take advantage of your lack of legal knowledge or pressure you into a fast settlement. With Fitch & Stahle in your corner, you don’t have to deal with their tactics. We handle all communication, submit all documentation, and push aggressively for the settlement you deserve. And if the insurance company won’t cooperate? We’re ready to take your case to court. If you or someone you love has been injured by a drunk driver in Iowa or Nebraska, don’t let the insurance company decide what your recovery is worth. Contact Fitch & Stahle Law Firm today for a free case evaluation. Let us help you move forward—with the compensation and justice you deserve.

Why You Need a Lawyer After a Drunk Driving Accident in Iowa or Nebraska

By Robert Stahle • June 6, 2025

Drunk driving accidents are among the most devastating types of crashes—and the most preventable. Every time someone chooses to drive under the influence of alcohol, they not only break the law, but they also endanger innocent lives. When you’re the victim of one of these reckless acts, the physical, emotional, and financial consequences can be overwhelming. Many accident victims assume that if the other driver was arrested for DUI, the case will resolve itself quickly and fairly. After all, if the police have proof that the driver was drunk, what else is there to fight about? The reality is far more complex. Even when intoxication is clear, recovering compensation is rarely straightforward. Insurance companies are primarily concerned with protecting their bottom line. They may admit the drunk driver was at fault but still dispute the amount of damages you’re owed. They may claim your injuries aren’t as severe as you say or argue that you had pre-existing conditions. In some cases, they may even try to shift partial blame to you. That’s why hiring an experienced drunk driving accident attorney is so critical. At Fitch & Stahle Law Firm , we represent clients throughout Iowa and Nebraska who have been harmed by drunk drivers. Our attorneys know how to build strong legal cases backed by evidence, expert testimony, and strategic negotiation. We don’t just take the word of the insurance company—we conduct our own investigations, obtain police and toxicology reports, interview witnesses, and, when necessary, work with accident reconstruction professionals to determine exactly what happened and who’s responsible. Beyond proving liability, our goal is to make sure every client receives the full amount of compensation they’re entitled to under the law. That includes not only current medical expenses and lost wages but also: Future medical care (surgeries, rehab, medications) Lost future earning capacity Pain and suffering Mental and emotional trauma Property damage Punitive damages when applicable In particularly egregious cases, we may also pursue compensation from third parties under Iowa or Nebraska’s dram shop liability laws . If a bar, restaurant, or even a private event served alcohol to someone who was visibly intoxicated or underage, that establishment could be held partially liable for the damages. Dealing with injuries, doctors, bills, and the trauma of the crash is hard enough. You shouldn’t also have to navigate legal paperwork, deadlines, and difficult insurance adjusters on your own. We provide personal, compassionate, and aggressive legal representation—so you can focus on healing while we focus on justice. Remember: The other driver’s arrest or conviction does not guarantee you fair compensation. Civil and criminal cases are separate, and only a personal injury claim will secure the financial support you need to recover and rebuild your life. If you or a loved one has been hit by a drunk driver in Sioux City or the surrounding areas of Iowa and Nebraska, don’t wait. Call Fitch & Stahle Law Firm today for a free consultation. We’ll help you hold the drunk driver—and their insurance company—fully accountable.