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When Does an Accident Qualify as a Personal Injury Case?

Robert Stahle • October 22, 2019
A man is walking down a hallway next to an orange wet floor sign

In each person’s life, accidents are bound to happen. Most of the time when accidents occur it’s at the fault of no one in particular. However, there are also times when another person’s negligence or intentional actions causes bodily injury and harm. It’s times like these that you might be wondering if your situation qualifies for a personal injury claim.


What Are Personal Injury Claims?

A personal injury claim is a victim’s attempt at recovering financial damages for injuries that another person may be legally responsible for. Personal injury claims are civil disputes, which means that if a judgement is issued against the defendant, they are legally responsible to pay monetary damages to the victim, rather than face fines or incarceration, as is the case with criminal charges.

The main defining element of a personal injury claim is that a person suffered some degree of injury that could have been avoided had someone else not acted in a negligent way. It’s the word “negligence” that plays a crucial role in determining if a personal injury claim has legs to stand on, and if the person who suffered the injury should have a reasonable expectation to recover damages for their medical expenses, along with pain and suffering.


The Role of Negligence In Personal Injury Cases

Personal injury claims are often filed in response to certain events, such as automobile accidents, slip and falls, medical malpractice, and nursing home or assisted living negligence. In each of these cases, an accident or injury occurred due to someone else’s failure to meet duty of care. By duty of care, we’re referring to whether the alleged guilty party made a reasonable attempt to prevent the accident or injury from occurring. In other words, whether or not the party was negligent in their actions or behaviors.

For example, If a child spills a bit of their drink on the floor of a grocery store, and another person immediately comes along and slips on the spilled liquid, a personal injury case would bring into question whether the store employees had time to respond to the spill and remedy it. A situation like this is much more difficult to prove in a personal injury case than if a customer had tripped on a broken piece of flooring that had been neglected for months.


Winning a Personal Injury Lawsuit

Most personal injury claims are settled out of court. The person who you are filing the claim against is going to do everything possible to minimize their obligation to pay financial damages. This is why you need an experienced personal injury attorney by your side to ensure you receive the compensation you deserve. Personal injury cases are not always cut and dry, and you should never attempt to represent yourself in the case. If you’ve been injured due to someone else’s negligence, contact Fitch & Stahle Law Office for a review of your case.

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.