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LEGAL ADVICE IN IOWA AND NEBRASKA

Legal Advisors & Attorneys Serving Sioux City

Do I have a case?
An injured party, or plaintiff, has the burden of proof. That means you must establish certain key, legally required facts in your case, or you will not be entitled to any compensation. Each case can be thought of having three main areas to be successful: liability, causation, and damages. Only a skilled personal injury attorney can accurately help you evaluate whether or not you have a case. Our firm can assist you in making the important decision as to whether you want to pursue a claim. The chances of a claim’s success depend on your case’s circumstances. For reliable legal advice in Iowa, talk to our personal injury attorney in Fitch & Stahle Law Office.
What's the first thing I should do if I am injured?
The main thing to do is to write down details, such as names, addresses, and phone numbers. In the case of automobile accidents, collect insurance names and policy numbers from others involved, witnesses, and police officers, including their report numbers.

Keep records of where and how the accident happened, including the weather and time of day. Take pictures of injuries, property damage, and several views of where the accident happened. It is important to review the section of "What to Do In Case of Injury or Accident" to see additional points. A crucial task will be to find a competent personal injury attorney.
Do injury claims always go to court?
Fortunately, most claimants are not subjected to the stresses of litigation, and many cases are settled out of court. However, when the defendant's or insurance company's offer of settlement is too low or questions of liability remain, the facts and damages of a case may need to be decided by a jury or a judge. The decision to settle a case or file a lawsuit is one of the key decisions a lawyer can assist you in making.
How long does it take to settle an injury claim?
Time to conclusion depends largely on the circumstances of the injury, the nature of the at fault party, the insurance company, the insurance adjuster and the attorneys involved. There is a wide time range for settlements, and that timeframe changes substantially if a claim escalates to an actual lawsuit. A personal injury attorney will be able to give you more information after a thorough evaluation of your specific circumstances.
How much will it cost to hire a Personal Injury Attorney?
There is no fee for initial consultations with our personal injury attorneys. In these cases, once an attorney makes a commitment to represent you or your family, they only charge an attorney’s fee when they succeed in obtaining recovery. This cost is calculated as a percentage of the recovery.

Most times, all necessary expenses for pursuing an injury claim will be advanced by a personal injury attorney. If at the conclusion of the case, nothing is recovered on your behalf, you generally will not owe the attorney any fees or case expenses.
Can I be compensated if I am partially at fault?
If you are partially at fault, you may still be entitled to receive a percentage of the compensation you would have normally received. The amount depends on the percentage of fault assigned to you. Until a judge or jury has established that percentage, you should seek Iowa legal advice from one of our personal injury attorneys.
If I was injured in a DWI accident, do I need an attorney?
The use of alcohol can be considered an aggravating circumstance in a personal injury claim. If you were injured by a person under the influence of alcohol, a personal injury attorney will be able to advise you as to the actual value of your case and will be able to act on your behalf to insure that you are not taken advantage of with a low offer.
What will a Personal Injury Attorney do for me?
The attorney you choose should show interest in gathering evidence with an eye toward trying the case in court. If you have an attorney who appears to be waiting around for the case to settle, your alarm bells should be ringing; a good attorney does not assume a case will settle. Being prepared for trial may ultimately be what prompts the other side to offer a fair settlement. Be wary of hiring an attorney who rarely, if ever, goes to trial.
What documents should I bring with me when I meet with a lawyer?
The short answer is the more information the lawyer has, the better his advice to you will be. You should supply any documents that might have a bearing on your case. Accident reports, for example, contain eyewitness accounts and details about auto accidents. Copies of medical reports from doctors and hospitals which you have obtained will describe your injuries. Information about the other driver's or negligent party’s insurer is extremely helpful, as are any photographs you have of the accident or of your injury. If you do not have these documents in your possession, do not worry. Your lawyer will be able to obtain all necessary paperwork necessary to bring your case.
What can I expect at the first consultation?
You should expect to obtain a sense of confidence in the law firm you choose. Your lawyer should be able to tell you if you have a case with merit. If it’s one they’re willing to accept, you will likely be provided with a retainer agreement, which they should explain to you. Remember, a lawyer cannot represent you without this written agreement.

Once the retainer agreement is in effect, your counsel should start gathering the documents and information they need for your case. No competent lawyer should tell you what your case is worth on the first visit.

To determine damages, your lawyer will need to assess the extent of your injuries, including pain and suffering, disability and disfigurement, medical costs, and lost wages. Many times, these elements of damages cannot be determined without extensive research and consultation with expert witnesses. Once retained, your lawyer should be able to provide you with a rough timeline for the pre-litigation, litigation, and potential appeal phases of your case.
How long should I wait before contacting an attorney?
You should contact an attorney as soon as possible after an accident or incident. This allows the attorney to work on your behalf to preserve evidence that supports your claim, and to collect information about the incident while it is still fresh in the minds of the plaintiff and any witnesses. It is also important not to give any information to an insurance adjuster without first consulting a personal injury attorney.
How is fault proven in an injury causing accident?
Ultimately, it is the responsibility of a Judge or jury to assess the fault and responsibility in an Accident. A personal injury attorney can work with you in conducting a through investigation, and gather the evidence to get to the bottom of who was at fault in an injury causing incident. For this reason, it is important that you gather as much information as possible, and preserve as much physical evidence as possible.
What does "Fair Compensation" mean?
There is no exact formula for determining the amount of compensation you might recover from a court case or settlement. A judge, jury and the attorneys in the case might consider a wide variety of factors in determining what is “fair and just” compensation. These factors might include the severity of the accident, the severity of injuries, the impact of the injuries on the victim’s employment and day-to-day life, and cost of medical care. Aggravating factors such as drunk driving can also be taken into consideration. A personal injury victim may also recover compensation for physical pain, mental or emotional suffering, physical impairment or disability, property damage and other losses.
What do I do if the other driver doesn't have insurance in an Automobile case?
If the liable party doesn't have insurance to cover their damage, but you carry uninsured motorist coverage, you will need to make a claim against your own policy. In some cases you can file a claim against the liable individual, but chances are that their assets won't cover the damage.
What are Uninsured or Underinsured Motorist Benefits?
If you were in a motorcycle accident due to the negligence of another driver, you typically will seek compensation from the negligent driver’s insurer based on his insurance policy.

However, if the driver was uninsured, and if you have “uninsured/underinsured motorist coverage” (“UM coverage”) through your own insurance policy or the policy covering the vehicle in which you were riding, then an uninsured motorist claim will be made to your insurer.
How do I file an injury claim?
The proper procedure for bringing an injury claim completely depends on the circumstances of each case. Variables such as the type of injury, nature of the at fault party, and the nature of insurance coverage can drastically effect the method by which a victim must bring a claim. Also, different types of claims are subject to distinct time limits. So it is important that you take action without delay. A personal injury attorney can advise you as to the proper method and timing to properly file a claim in your particular case.
Should I give a recorded statement to an Insurance Adjuster?
You are not obligated to give a recorded statement without the presence of a personal injury attorney to represent you. If you do, it my later be used against you. It is the best practice to consult a skilled attorney prior to giving a recorded statement so your rights are protected. You are not obligated to give a recorded statement without the presence of a personal injury attorney to represent you. If you do it, it may later be used against you. It is the best practice to consult a skilled attorney prior to giving a recorded statement so your rights are protected.