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Personal Injury Claim: Should I Hire An Attorney For a DUI or OWI  Crash?

Robert Stahle • September 29, 2017
Sioux City DUI attorney - Fitch & Stahle Law Firm

If you’re the victim of an Operating While Intoxicated (OWI) or Driving Under the Influence (DUI) crash and are wondering if you should settle for what the other driver's insurance company is offering you, you may want to speak with a OWI or DUI attorney before you do. The use of alcohol can be – and often is – considered an aggravating circumstance in a personal injury claim. Hiring a OWI or DUI attorney is the best way to ensure you receive every penny you are entitled to.

The Benefits of Using an OWI or DUI Attorney

A reputable attorney will be able to analyze the events surrounding the accident to determine how much you are realistically entitled to. This number is often times much different than what the insurance company initially offers.

Should the insurance company not be willing to budge, your attorney will most likely file a lawsuit with the intent of presenting your case to a judge. Many times, once a lawsuit has been filed, insurance companies will agree to large settlements to avoid the courtroom. If the insured is convicted of an OWI or DUI, judges have a tendency to side more with plaintiffs (aka: you) than defendants (aka: the insurance company).

Building A Legitimate Case After an OWI or DUI Accident

If you were personally injured by a driver who was under the influence, you need to build your case fast. As soon as the accident occurs, write down every detail you can think of, including:

  • Names
  • Addresses
  • Phone numbers
  • Insurance company names and policy numbers
  • Police report numbers

Take pictures of where the accident took place, and notate down how the accident happened. Take pictures of your injuries, as well as damage to your property. You’ll also want to keep a detailed record of all of your medical costs, including deductibles, co-pays, prescription medications and physical therapy, if applicable.

The Biggest Mistake Most People Make After an OWI or DUI Accident

While it may be tempting, do NOT reach out to the other driver's insurance company on your own. This can actually hurt a potential case on your behalf quite considerably since anything you say can – and will – be used should your case actually make it to court.

OWI or DUI attorneys are well-versed in this area of law, and will be able to build a case that’s built around the 3 main pillars of personal injury cases: liability, causation, and damage. Since driving under the influence is never legal, liability and causation are already established. All that’s left is to prove damage. An attorney can piece all of this information together so that you benefit from the most favorable outcome, which includes compensation for your injuries and damages, as well as pain and suffering.

If you live in the Sioux City area and were injured in an OWI or DUI accident, the attorneys at Fitch and Stahle Law Offices are here to help. Contact us today to schedule your free consultation.

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.
By Robert Stahle October 15, 2025
After an accident, your focus is naturally on healing. But while you're dealing with doctor visits, missed work, and emotional stress, time is ticking—and your legal rights may already be at risk. At Fitch & Stahle Law Firm , we’ve seen firsthand how delays in hiring a personal injury attorney can result in lost evidence, missed deadlines, and reduced compensation. If you’ve been injured in a car crash, slip and fall, workplace incident, or any other accident in Nebraska or Iowa , the sooner you contact a lawyer, the better. Here’s why reaching out early can make all the difference in your case—and how our team at Fitch & Stahle will protect your rights from day one. 1. Evidence Disappears Quickly Accidents leave behind a trail of evidence—but that trail fades fast. Skid marks get washed away. Surveillance footage gets deleted. Witnesses forget details. Vehicles are repaired or totaled. When you hire a personal injury lawyer early, we can immediately: Secure accident scene evidence Obtain video footage Interview eyewitnesses Preserve medical records and accident reports Coordinate with investigators and experts Waiting too long may mean critical proof disappears before your case even begins. 2. Insurance Companies Start Building a Case Against You Right Away Insurance companies don’t wait. Within hours of an accident, they launch their own investigation— not to help you , but to limit their financial liability. They may: Contact you for a recorded statement Ask you to sign a medical release Offer a quick, lowball settlement Delay your claim to pressure you financially Without a lawyer on your side, these tactics can seriously hurt your ability to recover full compensation. Fitch & Stahle Law Firm handles all communications with the insurance companies, ensuring you don’t say or sign anything that could be used against you later. 3. Deadlines (Statutes of Limitations) Vary and Can Be Short Each state has strict deadlines for filing personal injury claims. These are known as statutes of limitations : Nebraska : Generally 4 years from the date of the accident Iowa : Generally 2 years from the date of the accident But these timelines can vary depending on the type of case (e.g., wrongful death, government liability, medical malpractice), and exceptions are rare. If you miss the deadline, you may lose your right to file a lawsuit entirely . An early consultation with our team ensures we file your claim well within the legal window—and begin preparing your case before it’s too late. 4. Your Medical Care Becomes Part of the Case One of the biggest factors in any personal injury case is your medical treatment . From emergency care to long-term rehab, it’s critical that your injuries are well documented by licensed professionals. When you hire a lawyer early, we can: Help you find appropriate local care providers Make sure your treatment is properly documented Track your medical records, diagnoses, and progress Prevent gaps in care that could hurt your claim We work closely with trusted providers in South Sioux City , Sioux City , and throughout Siouxland to ensure your health and case are both supported from the start. 5. You May Be Entitled to More Compensation Than You Realize When injury victims delay hiring a lawyer, they often settle for far less than they deserve. Why? Because they don’t know what they’re truly entitled to. Our experienced personal injury attorneys evaluate all types of damages , including: Medical bills (past and future) Lost wages and loss of earning capacity Pain and suffering Emotional distress Property damage Permanent disability or disfigurement Loss of enjoyment of life We make sure nothing is left on the table—and that your claim reflects the full impact of your injury , not just the initial costs. 6. You Have Nothing to Lose One of the most common reasons people delay hiring an attorney is cost. But at Fitch & Stahle Law Firm , we work on a contingency fee basis . That means: You pay nothing upfront We only get paid if we win your case Consultations are always free There’s absolutely no risk in calling us—and the benefits of having a skilled legal advocate on your side from day one are huge. Why Trust Fitch & Stahle Law Firm? ✅ Local & Experienced : We’ve helped injury victims throughout South Sioux City , Sioux City , and across Nebraska and Iowa get the justice they deserve. ✅ Licensed in NE & IA : Whether your accident occurred on I-29, Highway 20, or a local road, we’ve got you covered across both states. ✅ Focused on You : We treat every client with care, attention, and transparency. You’re not just a case number—you’re a neighbor. ✅ Trial-Ready Advocacy : While many claims settle out of court, we’re fully prepared to litigate aggressively if needed. Take the First Step Toward Justice Today If you’ve been injured, don’t wait for things to “get worse” before getting legal help. The earlier you hire a lawyer, the stronger your case will be. Let Fitch & Stahle Law Firm protect your health, your rights, and your financial future—starting today. 📍 Visit us at our South Sioux City office 📞 Call now for a free consultation: 402-494-3012 🌐 Learn more at fitch-stahlelaw.com