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Proving Fault and Liability in Personal Injury Cases: 

Robert Stahle • December 11, 2024

What You Need to Know

The word liability is surrounded by other words on a black and white background.

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.


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.