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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 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.