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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 September 5, 2025
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By Robert Stahle August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.