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Should I Sue a Neighbor for Personal Inury?

Robert Stahle • March 8, 2021
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After an accident that occurs on your neighbor’s property, such as a slip and fall, you generally have two options: settle the injury claim out of court, or sue and follow through with a personal injury lawsuit. All property owners have the responsibility to keep their public spaces free of hazards, and if they violate this responsibility, people who suffer injuries are entitled to fair compensation.

Here at Fitch & Stahle Law Office, our personal injury attorney will tell you that there is no one size fits all approach to dealing with this situation. There are pros and cons to filing a personal injury suit, and sometimes settlement is the best option. In either case, hiring a personal injury lawyer will help you navigate these tricky waters.

When Can You Sue a Neighbor for Personal Injury?

The primary reason people choose to file a personal injury lawsuit against their neighbor is due to a slip and fall accident that occurs on their property. If your neighbor failed to exercise a reasonable level of care in preventing you from falling, they may be liable for your injuries. These are some instances where you may be able to successfully sue for personal injury:


  • Leaking ceilings
  • Loose floorboards
  • Uneven walking surfaces
  • Wet floors due to a spill
  • Recently waxed floors
  • Tripping hazards
  • Defective or dangerous sidewalks

The Pros and Cons of Filing a Personal Injury Lawsuit

If you think your neighbor is responsible for your slip and fall accident, there are a few ways in which you can recover compensation from them, the first being a personal injury lawsuit. Here are the pros and cons.

Pros


  • When you take a case to trial, the insurance company is making a settlement offer based on what they expect the court to rule. So if your case is strong, there is a good chance that you can end up with a larger amount of money than what was offered in the settlement.
  • You may be able to win an award for pain and suffering beyond that which was offered initially. There is also a possibility that you will be awarded punitive damages.

Cons


  • One major risk of taking a personal injury lawsuit to trial is that you may receive less than the initial settlement amount. In some cases, you may receive nothing at all.
  • Civil lawsuits such as personal injury lawsuits are subject to a time limit called the statute of limitations. If the accident occurred years ago, there is a chance that you will no longer be able to pursue a personal injury lawsuit.

When to Settle

If you decide to file a personal injury claim against your neighbor, the first step is that they will send you a settlement amount. At this point, it is advisable to contact our attorney, who can help you determine if this amount is fair.

Siouxland Personal Injury Attorney

The personal injury lawyers at Fitch & Stahle Office are licensed to practice in both Iowa and Nebraska. If you have suffered an injury due to the negligence of your neighbor, contact us at 402-494-3012, and we will help you decide the best course of action.

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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.