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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.

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.
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.
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