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Do Injury Claims Always Go To Court?

Robert Stahle • August 16, 2017
Personal Injury Attorney Sioux City IA

Many people who hire a personal injury attorney Sioux City trusts are nonetheless unsure about the process and what to expect. One of the biggest concerns is often whether or not they can expect to go to court for their case.

Many clients are relieved to learn that the minority of personal injury cases actually have to go to trial. A great many are settled out of court once a settlement that is agreeable to both parties is made.

Determining the Settlement Amount In a Personal Injury Case

Sometimes the act of signing on with a personal injury attorney Sioux City knows and trusts is sufficient to let the other party know you’re serious. Sioux City personal injury attorney Fitch & Stahle is highly versed and experienced in the law.

Once you have communicated the details of your situation, we will let you if you have a strong case. We will advise you on your rights, options and how best to proceed. The goal is to procure a fair and reasonable settlement based upon the pain and suffering you've endured throughout your personal injury incident.

In order to calculate this amount, it is crucial that you provide all relevant details related to the case so that this number can be accurately determined.

Some of the factors that go into personal injury compensation figures include:

  • Property damage/loss
  • Medical bills
  • Amount of lost wages
  • Costs associated with pain and suffering


Your attorney can then investigate the facts in light of the laws, regulations and legal parameters related to the case. Your Sioux City attorney will work to assess all of the factors involved in your injury case, including:

  • Examining police reports
  • Speaking with witnesses
  • Reviewing medical bills
  • Evaluating lost wages


However, the phrase “fair and reasonable” is fairly subjective. It could mean something different to the insurance company than it does to the client. While a settlement amount may be proposed, it could be rejected by the other party. It could also be countered with a lower settlement amount.

If an amount agreeable to both parties cannot be determined, your personal injury case will have to proceed to court. However, both parties should be aware that a trial will increase the costs that must be spent by both parties regardless of the eventual settlement amount. Both parties are taking a risk by going to trial, as neither one can be sure how the case will be decided.


Having Reasonable Expectations

Your personal injury attorney can advise and guide you through every step of the legal process. Clients should be aware that a personal injury lawsuit is not intended to set up the plaintiff with a windfall; the goal is to cover the losses, expenses and pain and suffering experienced as a result of the incident. If the at-fault party offers a settlement that meets these goals, it is advisable to accept it and avoid going to trial.

Have you experienced a personal injury? Count on Fitch & Stahle Law , the personal injury attorney Sioux City trusts for expert legal advice and representation.

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How to Protect Your Legal Rights After a Personal Injury Accident in Nebraska or Iowa

By Robert Stahle • December 2, 2025
Getting hurt in an accident is overwhelming—physically, emotionally, and financially. Whether it was a car crash, a slip-and-fall, a dog bite, or a workplace incident, one thing is certain: what you do next can significantly affect your ability to recover compensation . At Fitch & Stahle Law Firm , we help injured people throughout South Sioux City , Sioux City , and the broader Nebraska-Iowa region understand their rights and take the right steps from day one. If you’ve been injured and suspect someone else is at fault, here’s how to protect yourself legally and financially. Step 1: Seek Medical Attention Right Away Even if your injuries seem minor, always get checked out by a medical professional as soon as possible after an accident. Why it matters: Some injuries (like whiplash or internal trauma) aren’t immediately obvious. Medical documentation is critical evidence in your personal injury case. Insurance companies will look at how soon you sought care to judge the severity of your injuries. Be sure to follow all treatment instructions and attend follow-up appointments. Gaps in care can be used against you later. Step 2: Report the Incident Whether it’s a car accident, workplace injury, or slip and fall, it’s important to officially report the incident: Car crash – Call the police and file a report. Workplace injury – Notify your employer in writing. Slip and fall or dog bite – Report it to the property owner or business manager. These reports create a verifiable timeline and paper trail that supports your claim. Step 3: Document Everything If you're able, gather as much evidence at the scene as possible, including: Photos of injuries, property damage, or the accident location Contact information for witnesses Notes on what happened, including time, date, and weather conditions Copies of any reports filed If you were too injured to document the scene, don’t worry—our legal team at Fitch & Stahle Law Firm can investigate on your behalf and gather evidence while it’s still fresh. Step 4: Don’t Speak to the Insurance Company Without Legal Advice Insurance adjusters might sound friendly—but their goal is to minimize payouts , not protect your interests. They may ask for a recorded statement or offer a quick settlement. Don’t take the bait. Before you sign anything or give a statement, speak with a qualified personal injury attorney . At Fitch & Stahle , we handle all communications with insurance companies so you don’t have to—and we won’t let them take advantage of your situation. Step 5: Know the Statute of Limitations in Your State Every state has a legal deadline for filing a personal injury lawsuit, known as the statute of limitations : Nebraska: 4 years from the date of the injury Iowa: 2 years from the date of the injury Some exceptions apply for cases involving minors or certain types of claims, but the bottom line is this: The sooner you act, the stronger your case. Step 6: Don’t Post About Your Case on Social Media What you post online can and will be used against you by insurance companies and defense attorneys. A seemingly harmless photo or post could be twisted to suggest you’re not as injured as you claim. Until your case is resolved, avoid posting about: Your accident Your injuries Your physical activities or travel Conversations with doctors or attorneys Step 7: Call a Personal Injury Attorney You Can Trust The most important thing you can do after an accident? Get legal help as soon as possible. A skilled attorney will: Investigate your case Prove fault and liability Calculate full damages (medical bills, lost wages, pain and suffering, etc.) Negotiate with the insurance company Represent you in court if necessary At Fitch & Stahle Law Firm , we treat your case with the care and urgency it deserves. We offer free consultations , and you pay nothing unless we win. Why Work with Fitch & Stahle Law Firm? ✅ Decades of experience helping injured people in Nebraska and Iowa ✅ Licensed in both NE and IA —we know the laws in both states ✅ Aggressive negotiators and trial-ready attorneys ✅ Personalized, compassionate service —you’re more than just a case file ✅ No legal fees unless we win We proudly serve clients throughout South Sioux City , Sioux City , and the surrounding Siouxland region. Whether you were injured on the road, on the job, or on someone else’s property—we’re here to help. Schedule Your Free Consultation Today If you’ve been injured, don’t wait to get the help you need. Let Fitch & Stahle Law Firm fight for your rights and secure the compensation you deserve. 📞 Call us now at 402-494-3012 🌐 Visit us online at fitch-stahlelaw.com 📍 Located in South Sioux City, Nebraska You only get one chance to recover the compensation you need— make it count with the right legal team on your side.