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Do I Have a Case? 5 Key Things to Consider

Robert Stahle • August 16, 2017
Sioux City Law Firm

When consulting a law firm, one of the most important things to consider is whether or not you have a solid case. While this can be discussed extensively with an attorney, there are some basic criteria that need to be in place in order to increase the likelihood of a successful personal injury case outcome. The following is an overview of the five top areas to consider:

1. Look at Liability

The first and most important point to look at is whether or not another specific party (or parties) was at fault in your scenario. Was an individual, business or organization negligent, careless or unsafe in their actions? Was there medical malpractice or a defective product experience due to negligence? Was harmful action taken deliberately by a party that resulted in injury or loss?

2. What Are the Damages?

Next, determine if the negligent, careless, unsafe or deliberate actions of the other party caused quantifiable injury. The injury can be physical or emotional – or both. Possible damages in the case can also include loss of wages, property damage and costs associated with medical bills.

3. Do You Have Sufficient Evidence to Prove Your Case?

Is there sufficient proof to show the other party is at fault and is the source and cause of the damages that were inflicted? Do you have photo or video evidence? Are there sufficient records of the facts in the case that can be submitted as evidence? Are there reputable witnesses that can be called to testify?

4. Check the Timing and Relevant Deadlines

How long ago did the incident occur? Is it within the appropriate “statute of limitations” for your state which will allow you to have a valid case? It’s very important to consult with a legal professional in order to verify the facts of your case and ensure that you are within the relevant deadlines. A law firm is your best source of information for these types of specifics regarding your case.

5. A Viable Payment Source

If your goal is to collect a financial payment or reward for the damages suffered, is there a viable possibility of actually collecting on the case financially? The most likely source for collecting damages would be from an insurance policy or from the coffers of a well-funded individual, company or organization. Verify that a financial reward will be possible for your case (and for the amount sought) if this is indeed your goal in going forward with the case.

Filing a law suit is a major decision not to be taken lightly. You might not be sure if your situation has all of the elements for a successful outcome. These five areas can help to give you a better sense of whether or not your case is viable.

A professional law firm can give you even more specifics tailored to your particular situation. Contact Fitch & Stahle Law Office for insights and advice to help you determine if you have a strong legal case.

Injured in an Accident?

By Robert Stahle • September 5, 2025
Why You Need a Personal Injury Lawyer

Know Your Rights:

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.