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What to Expect During a Personal Injury Claim in Nebraska or Iowa

Robert Stahle • September 19, 2025

If you’ve been hurt in an accident due to someone else’s negligence, the idea of filing a personal injury claim can feel overwhelming. Between insurance companies, legal documents, medical bills, and emotional stress, you may not know where to begin—or what your rights are.

At Fitch & Stahle Law Firm, we’ve helped countless injury victims across Nebraska and Iowa navigate the personal injury claims process with confidence. Whether you were hurt in a car crash, a slip and fall, or a workplace accident, our job is to take the burden off your shoulders so you can focus on healing.

In this post, we’ll walk you through each step of a typical personal injury claim, explain the timeline, and show you how working with a local law firm can make all the difference.



Step 1: Medical Treatment and Documentation

The first and most important step is always your health. After any accident, seek medical attention immediately, even if your injuries seem minor. Not only is this essential for your well-being, but it also creates a medical record that links your injuries to the accident—something insurance companies will look for later.

Your medical documents will form the foundation of your case, including:

  • Emergency room records
  • Imaging (X-rays, MRIs)
  • Doctor’s notes and treatment plans
  • Prescription medications
  • Physical therapy reports

At Fitch & Stahle, we work closely with your medical providers to make sure your injuries are thoroughly documented and that future medical needs are included in your claim.



Step 2: Consultation with a Personal Injury Attorney

Once your immediate medical needs are addressed, your next step should be to consult a personal injury lawyer—especially before speaking with insurance adjusters.

When you contact Fitch & Stahle Law Firm, we’ll offer a free consultation where we:

  • Review the details of your accident
  • Evaluate the strength of your claim
  • Estimate your potential compensation
  • Explain the legal process in plain language

There’s no pressure, and no fee unless we win your case. Our goal is to help you make an informed decision about your next steps.



Step 3: Investigation and Evidence Gathering

If you decide to move forward, we’ll begin building your case immediately. This involves a thorough investigation to gather all the facts, such as:

  • Police or incident reports
  • Witness statements
  • Photos or video footage
  • Expert opinions (accident reconstruction, medical, etc.)
  • Vehicle or property damage estimates

In Nebraska and Iowa, comparative negligence laws mean that your share of fault can affect how much you recover. That’s why it’s critical to build strong, clear evidence that supports your claim and minimizes any allegations of shared blame.



Step 4: Demand Letter and Settlement Negotiations

Once we’ve compiled all the necessary documentation and calculated your total damages (including future expenses), we’ll send a formal demand letter to the at-fault party’s insurance company. This letter outlines:

  • What happened
  • Why their client is at fault
  • A full accounting of your damages
  • A proposed settlement amount

In many cases, this starts a negotiation process. Insurance companies often counter with a lower offer, but we are aggressive negotiators who know the true value of your case. We’ll fight to get you the best possible settlement—and advise you on whether it’s in your best interest to accept or proceed to trial.



Step 5: Filing a Lawsuit (If Necessary)

If the insurance company refuses to offer a fair settlement, we won’t hesitate to file a personal injury lawsuit in the appropriate court—whether in Dakota County, Nebraska, Woodbury County, Iowa, or elsewhere in the Siouxland area.

Filing a lawsuit doesn’t necessarily mean your case will go to trial. Many cases settle during pre-trial stages such as:

  • Discovery – Both sides exchange evidence and take depositions
  • Motions – Legal arguments to resolve or limit aspects of the case
  • Mediation – A neutral third party helps negotiate a settlement

Still, we prepare every case as if it will go to court. That level of preparation often results in better settlements and ensures we’re ready to present a compelling case to a judge or jury if needed.



Step 6: Trial (When Required)

If a trial becomes necessary, Fitch & Stahle Law Firm will be by your side every step of the way. We have extensive courtroom experience and are well-known in local courts across Nebraska and Iowa.

At trial, we’ll present your case using:

  • Eyewitness and expert testimony
  • Medical and financial records
  • Visual evidence like diagrams, photos, or video
  • Opening and closing arguments that clearly outline your suffering and loss

While most personal injury cases settle out of court, we’re always prepared to litigate aggressively when justice requires it.



How Long Does a Personal Injury Claim Take?

Every case is different, but here’s a general timeline:

  • Medical treatment and recovery: 2 weeks to 6 months
  • Investigation and preparation: 1 to 2 months
  • Demand and negotiations: 1 to 3 months
  • Filing a lawsuit (if needed): Adds 6–12 months or more

The statute of limitations for filing a personal injury claim is:

  • 4 years in Nebraska
  • 2 years in Iowa

However, acting early improves your chances of a successful outcome.



Why Work With Fitch & Stahle?

Local Representation – Based in South Sioux City, we know the courts, insurers, and judges in your area.
Licensed in Nebraska & Iowa – We’re ready to represent you on both sides of the river.
No Fee Unless You Win – You have nothing to lose by reaching out.
Personalized Legal Care – We listen, we explain, and we put your needs first.

When you work with Fitch & Stahle Law Firm, you’re more than just a case—you’re a neighbor, a community member, and a person we’re proud to fight for.



Start Your Claim Today

If you’ve been injured in an accident in South Sioux City, Sioux City, or anywhere in the Tri-State area, let us help you navigate the legal process with confidence.

📞 Call now for a free consultation: (402) 494-3012
🌐
Visit us online at fitch-stahlelaw.com


By Robert Stahle October 30, 2025
A Guide for Grieving Families
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.