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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 September 5, 2025
Why You Need a Personal Injury Lawyer
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.