BLOG

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 July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.