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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 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.