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How to File a Successful Personal Injury Claim

Robert Stahle • September 4, 2020
A wooden judge 's gavel and a wooden coin on a white surface.

A personal injury lawsuit is filed when someone has been harmed either mentally or physically as the result of the negligence on the part of another person, party, or entity. If you or a loved one has been injured because of someone else and it’s not your fault, you should hire the best legal representation from a trusted Sioux City law firm to help you file a personal injury claim. A personal injury lawyer can help you obtain the compensation that you deserve, including lost property damage, medical bills, lost wages, and long-term medical costs.

At Fitch & Stahle, our team of experienced personal injury attorneys will help you file personal injury claims and stand by your side during the court proceedings. We are familiar with the laws in both Iowa and Nebraska and can help you obtain the compensation that you are owed.

When to File a Personal Injury Lawsuit

The most important aspect of having a successful personal injury claim is that there must be an injury and it must be due to another person or entity’s negligence. Negligence can be defined as the careless action or inaction that results in harm to somebody. In order to win a personal injury case, the party bringing about the claim must prove these four elements:

  1. Duty: The person or company that you are suing owed a legal duty to the person who was injured
  2. Breach: The party you are suing breached their legal duty by acting or failing to act
  3. Causation: You must prove that the other person’s action was the cause of the injury
  4. Damages: The person filing the lawsuit must prove that they were harmed

The Most Common Types of Personal Injury Lawsuits

Personal injury lawsuits can be filed for a variety of different injuries, but some are more common than others. Here are the most common types of personal injury lawsuits filed by our law firm.


  • Automobile and traffic accidents: By choosing to hire an attorney to fight for you after you’ve been in a traffic accident, you will have a strong legal advocate who will help you get more for your settlement.
  • Motorcycle accidents: The injuries sustained during a motorcycle accident are often more severe than those in an automobile accident.
  • Medical malpractice: Negligence that occurs during medical procedures or surgeries is another common reason for personal injury lawsuits to be filed.

You Must File Before the Statute of Limitations Has Expired

In personal injury cases, you must file the claim before the statute of limitations has expired. This length of time varies from state to state. In Nebraska, you have up to four years after the accident to file a claim, and in Iowa, you have only two years.

Sioux City Personal Injury Lawyer

Perhaps the most important tip related to filing a personal injury claim is to work with a trustworthy personal injury lawyer. Here at Fitch & Stahle Law Office, our team of attorneys is licensed to practice in both Iowa and Nebraska, and we will stand by your side to ensure that you receive just compensation for your injuries.

To learn more, contact us at (402) 494-3012.

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.