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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.

By Robert Stahle October 30, 2025
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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.