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Understanding the Legal Process After a Car Accident

Robert Stahle • April 16, 2025
At Fitch & Stahle Law Firm, we recognize that the aftermath of a car accident is overwhelming. Beyond the physical and emotional stress, navigating the legal process can be confusing. Understanding what to expect and how to proceed can make a significant difference in your case.

The Steps of a Car Accident Claim
1. Filing a Police Report: This is essential for documenting the accident and establishing key details.
2. Seeking Medical Attention: Even if you don’t feel injured immediately, a medical examination is crucial.
3. Gathering Evidence: Collect photos, witness statements, and other documentation that can support your claim.
4. Consulting an Attorney: Speaking with an experienced car accident lawyer ensures your rights are protected from the start.
5. Negotiating with Insurance Companies: Your attorney will handle discussions to secure a fair settlement.
6. Filing a Lawsuit if Necessary: If negotiations fail, your lawyer may recommend pursuing legal action in court.
Understanding these steps can help you prepare and avoid common pitfalls. Contact Fitch & Stahle today to discuss your case.
 
2. Understanding Comparative Fault in Car Accidents: How It Affects Your Claim
One of the most misunderstood aspects of car accident cases is comparative fault. Many accident victims assume that if they share any blame for the accident, they can’t recover compensation. However, laws vary by state, and even if you are partially at fault, you may still be entitled to damages.
How Comparative Fault Works
• Pure Comparative Fault: In some states, you can recover damages even if you are 99% at fault, though your compensation will be reduced by your percentage of fault.
• Modified Comparative Fault: Many states bar recovery if you are more than 50% or 51% responsible for the accident.
• Contributory Negligence: A few states prevent you from receiving any compensation if you are even 1% at fault.
How an Attorney Can Help
Insurance companies often try to assign more fault to victims to reduce payouts. At Fitch & Stahle, we gather evidence and build strong cases to challenge unfair liability assessments. If comparative fault is a concern in your case, reach out to us for a consultation.
 
3. The Role of Witnesses in Car Accident Cases
Eyewitness testimony can play a crucial role in proving liability and securing compensation in a car accident claim. Many people overlook the importance of witnesses, but their statements can provide unbiased perspectives on what happened.
Why Witness Testimony Matters
• Clarifies Fault: Witnesses can confirm which driver was negligent.
• Supports Your Version of Events: Their statements can strengthen your claim.
• Helps Refute False Claims: If the other party tries to shift blame, witnesses can counter their argument.
How to Secure Witness Testimony
• Get Contact Information: Always collect names, phone numbers, and addresses of potential witnesses.
• Ask for a Statement: If possible, have them describe what they saw while it’s fresh in their memory.
• Work with Your Attorney: Your lawyer can follow up and ensure their testimony is properly documented.
If you’ve been in a car accident, don’t underestimate the power of a strong witness statement. Contact us at Fitch & Stahle to discuss how we can use this evidence to strengthen your case.
 
4. Understanding Economic vs. Non-Economic Damages in Car Accident Cases
After a car accident, victims may be entitled to different types of damages. Understanding the difference between economic and non-economic damages can help you build a comprehensive claim.
Economic Damages
These damages cover tangible financial losses, including:
• Medical bills
• Lost wages
• Property damage
• Rehabilitation costs
Non-Economic Damages
These damages compensate for intangible losses, such as:
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disfigurement or disability
Maximizing Your Compensation
Insurance companies often try to downplay non-economic damages. At Fitch & Stahle, we work to ensure our clients receive full compensation for both economic and non-economic losses. Contact us today to learn how we can help.
 
5. How Weather Conditions Can Impact Car Accident Liability
Many drivers assume that bad weather absolves them of responsibility in an accident. However, weather conditions do not eliminate liability—they simply add another layer of complexity to the case.
Common Weather-Related Accidents
• Rain & Wet Roads: Slippery surfaces increase stopping distances and reduce control.
• Snow & Ice: Black ice and snowy roads can lead to loss of control.
• Fog & Low Visibility: Limited visibility increases the risk of collisions.
Determining Fault in Weather-Related Accidents
While poor weather can contribute to an accident, drivers are still expected to adjust their behavior accordingly. Liability may depend on whether a driver:
• Was driving too fast for conditions
• Failed to use headlights or windshield wipers properly
• Followed another vehicle too closely
If you were in a weather-related accident, having an attorney review your case can help determine fault and ensure you receive fair compensation. Contact Fitch & Stahle for expert legal guidance.
 
6. The Importance of Seeking Medical Attention After a Car Accident
One of the most crucial steps after a car accident is seeking medical attention. Many people delay or avoid medical treatment because they feel fine immediately after the crash. However, some injuries take time to appear, and delaying treatment can negatively impact both your health and your legal case.
Common Injuries That May Not Show Symptoms Right Away
• Whiplash: Neck pain and stiffness can develop hours or days after an accident.
• Concussions: Symptoms like headaches, dizziness, and confusion may be delayed.
• Internal Bleeding: Serious internal injuries may not be noticeable at first but can be life-threatening if untreated.
• Soft Tissue Injuries: Muscle strains and ligament damage can worsen over time.
How Delaying Medical Treatment Affects Your Claim
• Insurance Companies May Argue Your Injuries Aren’t Serious: If you wait too long to see a doctor, insurers may claim your injuries aren’t related to the accident.
• Gaps in Treatment Can Weaken Your Case: Consistent medical records help establish the severity of your injuries and the necessity of treatment.
• Your Recovery May Take Longer: Early diagnosis and treatment can prevent complications and speed up your recovery process.
At Fitch & Stahle, we strongly recommend that all accident victims seek medical attention immediately, even if they feel fine. Doing so protects both your health and your legal rights. If you’ve been injured in a car accident, contact us today for expert legal guidance on your next steps.
 
7. Why You Should Hire a Car Accident Attorney as Soon as Possible
Many people hesitate to hire an attorney after a car accident, thinking they can handle their claim alone. However, involving an attorney early can make a significant difference in the outcome of your case.
Benefits of Hiring a Car Accident Attorney Quickly
• Preserving Evidence: Attorneys can collect crucial evidence before it disappears.
• Dealing with Insurance Companies: Insurance adjusters may try to minimize your claim, but an attorney ensures fair negotiations.
• Avoiding Mistakes: Legal guidance helps prevent common errors that could weaken your case.
• Maximizing Compensation: Lawyers understand how to calculate and pursue the full extent of your damages.

If you or a loved one has been injured in a car accident, don’t wait to seek legal help. Contact Fitch & Stahle today to protect your rights and secure the compensation you deserve.



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.