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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 October 30, 2025
A Guide for Grieving Families
By Robert Stahle October 22, 2025
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.