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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.


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Injured in a Car Accident in Nebraska or Iowa?

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.