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Proving Fault and Liability in Personal Injury Cases: 

Robert Stahle • December 11, 2024

What You Need to Know

When you’ve been injured due to someone else’s negligence, proving fault and liability is the cornerstone of your personal injury case. It’s the foundation for recovering damages and holding the responsible party accountable. At Fitch & Stahle Law Office, we understand the complexities of proving fault and work tirelessly to build a strong case on your behalf. Here's what you need to know about demonstrating liability in personal injury claims.

Understanding Fault vs. Liability

  • Fault refers to determining who caused the accident or injury.
  • Liability establishes the legal responsibility of the at-fault party to compensate for damages.

These two elements go hand in hand. To recover compensation, you must prove that the other party’s actions—or failure to act—directly caused your injuries.

The Role of Negligence

Most personal injury cases hinge on negligence. To prove negligence, you must demonstrate the following elements:

  1. Duty of Care : The defendant had a legal obligation to act in a reasonable manner to prevent harm. For example, drivers have a duty to follow traffic laws.
  2. Breach of Duty : The defendant failed to meet this obligation, such as running a red light or failing to fix a dangerous condition on their property.
  3. Causation : The breach of duty directly caused your injuries.
  4. Damages : You suffered measurable harm, such as medical bills, lost wages, or pain and suffering.

How to Prove Fault and Liability

1. Collect Strong Evidence

Evidence is key to establishing fault. Examples include:

  • Photos and Videos : Document the accident scene, property damage, and your injuries.
  • Witness Statements : Eyewitness accounts can provide an unbiased perspective.
  • Police Reports : These often contain critical details about the incident and who may be at fault.
  • Expert Testimony : Experts, such as accident reconstruction specialists or medical professionals, can help establish liability and the extent of your injuries.

2. Understand Comparative Negligence

In some cases, fault may not rest solely with one party. Nebraska, for example, follows a modified comparative negligence rule. This means:

  • You can recover damages as long as you are less than 50% at fault for the accident.
  • Your compensation will be reduced by your percentage of fault.

For instance, if you are 20% at fault and awarded $100,000 in damages, you would receive $80,000.

3. Show Causation

It’s not enough to show that the defendant was negligent; you must prove that their actions were the direct cause of your injuries. This often requires:

  • Medical records linking your injuries to the accident.
  • Testimony from healthcare providers about the nature and extent of your injuries.

4. Address Common Defenses

The at-fault party’s insurance company may try to shift blame or argue that your injuries are unrelated to the accident. Be prepared to counter these defenses with thorough documentation and legal representation.

Why Legal Representation Matters

Proving fault and liability is rarely straightforward. At Fitch & Stahle Law Office, we have extensive experience in personal injury cases and will:

  • Investigate the incident to uncover all evidence.
  • Work with experts to strengthen your claim.
  • Handle negotiations with insurance companies to ensure fair compensation.
  • Take your case to trial if necessary.

Final Thoughts

Proving fault and liability is essential to winning your personal injury case, but it can be a challenging process without the right guidance. Whether you’ve been injured in a car accident, slip and fall, or other incident, Fitch & Stahle Law Office is here to help.

If you’re ready to build a strong case and secure the compensation you deserve, contact us today for a free consultation. Let us fight for justice on your behalf.

Fitch & Stahle Law Office: Protecting the injured, holding the negligent accountable.


Holding Drunk Drivers Accountable in Civil Court: What Victims Should Know

By Robert Stahle • June 18, 2025
When someone is injured by a drunk driver, the first question is often: “Will they go to jail?” Criminal charges such as DUI or OWI (Operating While Intoxicated) are often filed against the driver, especially if injuries or fatalities are involved. While this may result in fines, license suspension, or even jail time, the reality is this: a criminal case won’t pay your bills. To recover financial compensation for your injuries, you need to file a civil claim —a personal injury lawsuit. This is where true accountability happens for victims. At Fitch & Stahle Law Firm , we help people across Iowa and Nebraska navigate the civil justice system and pursue the compensation they need after a drunk driving accident. Here’s what you should know. Civil Cases Are Separate from Criminal Trials Many victims assume that if the driver is arrested and convicted of DUI, they’ll automatically be compensated. But criminal proceedings are about the state punishing the offender—not helping the victim recover. In fact, you can file a civil lawsuit even if the driver isn’t charged or convicted. While a conviction helps prove liability in civil court, it’s not required. Your personal injury attorney will build a case based on evidence of negligence and damages—whether or not the state takes action. What Damages Can You Recover in a Civil Claim? Civil cases allow victims to recover a broad range of compensatory damages , including: Emergency medical bills Ongoing treatment and rehabilitation Lost wages and future income Pain and suffering Mental anguish Vehicle and property damage Loss of enjoyment of life In many drunk driving cases, you may also be entitled to punitive damages . These are awarded to punish gross negligence—like driving with a high blood alcohol content or with prior DUI convictions. Punitive damages can dramatically increase your total compensation and serve as a warning to others. The Role of an Attorney in Building Your Case Civil lawsuits require a thorough investigation, documentation, and expert testimony. At Fitch & Stahle, we begin by collecting all the evidence: police reports, toxicology results, dashcam footage, witness statements, and medical records. If needed, we consult with accident reconstruction experts to establish what happened and why. We then calculate both economic damages (like medical bills) and non-economic damages (like emotional trauma), making sure no part of your suffering is overlooked. We also handle all communication with insurance companies and opposing counsel. Our team is skilled in negotiation and litigation, and we’re fully prepared to take your case to court if a fair settlement isn’t offered. When Third-Party Liability May Apply In some situations, additional parties may be held responsible. For example: Bars or restaurants that overserved the driver may be liable under dram shop laws Employers who allowed a known impaired driver to operate a company vehicle could also face liability We explore all angles to make sure you’re fully compensated. If you’ve been injured by a drunk driver in Sioux City or surrounding areas, the criminal justice system alone won’t protect your future. Let Fitch & Stahle Law Firm help you file a civil claim, recover full compensation, and hold the drunk driver—and any responsible parties—accountable. Contact us today for a free case review.

How Drunk Driving Accident Victims Can Maximize Compensation With Legal Help

By Robert Stahle • June 11, 2025
When you’re injured by a drunk driver, the physical trauma is often only the beginning. Medical appointments, hospital stays, and prescription medications can last for weeks, months, or even years. You may be unable to work. You may lose your vehicle. And the emotional toll—fear, anxiety, depression—can weigh heavily on you and your family. Unfortunately, many accident victims never receive the compensation they truly need to recover. Insurance companies are skilled at downplaying injuries, undervaluing claims, and pushing quick settlements. These early offers often only cover short-term costs—and leave victims with nothing for long-term consequences. That’s why it’s crucial to work with a personal injury attorney who understands how to fight for your full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients throughout Iowa and Nebraska recover the financial support they deserve after being hit by drunk drivers. Here’s how having legal representation can make a difference: 1. Understanding the Full Value of Your Claim A serious injury isn’t just about your ER bill. A strong legal claim must account for: Follow-up medical care, physical therapy, and surgeries Future medical treatment or long-term care Mental health services for trauma, PTSD, or anxiety Lost wages and reduced ability to earn income Property damage and vehicle replacement Pain, suffering, and loss of enjoyment of life Without legal help, you may never even know you’re entitled to compensation for these elements—let alone how to calculate their true cost. Our attorneys work closely with doctors, financial experts, and accident specialists to build a comprehensive case that reflects the full scope of your losses. 2. Pursuing Punitive Damages In Iowa and Nebraska, courts may award punitive damages in drunk driving cases. Unlike compensatory damages (which are designed to cover your losses), punitive damages are intended to punish the offender for particularly reckless or egregious behavior and deter others from doing the same. These damages can significantly increase the value of your claim—but you need an experienced attorney to prove that the driver’s actions warrant them. We know how to present evidence of impairment, prior offenses, and other aggravating factors that strengthen your case. 3. Exploring Additional Sources of Compensation Sometimes, the drunk driver’s insurance policy won’t cover the full cost of your damages. In those cases, we explore: Your own underinsured/uninsured motorist coverage Dram shop liability (if a bar, restaurant, or event overserved the driver) Third-party liability (in rare cases, the driver’s employer or vehicle owner may also share responsibility)  Our team works to leave no stone unturned when identifying all potential sources of recovery. 4. Standing Up to the Insurance Companies Insurance adjusters are trained negotiators. Their job is to pay out as little as possible. Without a lawyer, they may take advantage of your lack of legal knowledge or pressure you into a fast settlement. With Fitch & Stahle in your corner, you don’t have to deal with their tactics. We handle all communication, submit all documentation, and push aggressively for the settlement you deserve. And if the insurance company won’t cooperate? We’re ready to take your case to court. If you or someone you love has been injured by a drunk driver in Iowa or Nebraska, don’t let the insurance company decide what your recovery is worth. Contact Fitch & Stahle Law Firm today for a free case evaluation. Let us help you move forward—with the compensation and justice you deserve.
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