BLOG

How is Fault Proven in An Injury Causing Accident?

Robert Stahle • November 7, 2017
Personal Injury Attorney - Fitch & Stahle Law Firm

After you’ve survived an injury-causing accident that was not your fault, the main job of a personal injury attorney is to prove that the other party was wholly responsible for what occurred.

But how exactly does a lawyer make that case?

In other words, what is the process that a personal injury lawyer takes to help prove that his or her client did not cause the accident?

Gather the Evidence

Whether your injury was caused by a car accident, slip-and-fall, construction mishap or medical error, the first job of a personal injury lawyer is to gather evidence.

For example, in a car accident, a lawyer would want to have photos and videos of the accident scene, eyewitness testimony, and the official police report.

This evidence can help the lawyer reconstruct the accident to show how the other party was at fault.

And while this may not guarantee that the other side’s insurance company will want to settle based solely on the evidence, it’s a strong starting point on which to mount a case.

Make the Case for Negligence

In many personal injury claims, the lawyer for the plaintiff will have to show that the accident was caused due to the negligence or carelessness of the other party.

Although standards differ slightly, most states require a plaintiff to prove negligence based on four factors, including:


  • Duty – the other party had a legal duty to the plaintiff. For example, in a slip-and-fall accident, the owner of the premises had a duty to keep the premises free of obstructions that could cause someone to fall.
  • Breach – the other party breached or violated that duty. In the example above, the owner of the premises failed to keep the premises free of obstructions that would cause a fall.
  • Causation – the other party directly caused the plaintiff’s injuries because he or she was negligent in taking action to prevent an accident.
  • Damages – the plaintiff suffered injuries or was harmed by the negligence of the other party. When calculating damages, the attorney for the plaintiff will include physical damage to property, medical bills, loss of wages due to missed work, and pain and suffering.

What If You Were Slightly at Fault?

In some cases, the other side may be able to prove that the plaintiff contributed in some way to the accident.

That is known as comparative negligence, and it can affect a plaintiff’s chances at victory or affect how much compensation a plaintiff receives.

In some states, compensation is based on the percentage of fault that a judge or jury assigns to the plaintiff. So, if a judge or jury decides that a plaintiff is 30 percent responsible for an accident, the plaintiff would receive 70 percent of the award.

But in some states, a plaintiff who is found liable for 50 percent or more of the accident forfeits the entire award.

The personal injury firm of Fitch & Stahle has the experience to build a strong case against the other party. Please contact us today to schedule a free consultation.

By Robert Stahle December 5, 2025
And How We Fight Back
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.