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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.

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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.