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Iowa Questions & Answers
1 Answer | Asked in Civil Litigation for Iowa on
Q: My nephew is involved in a lawsuit, found out they are being followed and videos recorded and pictures taken is it legal
Tim Akpinar
Tim Akpinar
answered on Dec 6, 2022

An Iowa attorney could advise best, but your question remains open for two weeks. It could depend on the type of lawsuit and the relevance of the videotaping. If it involves an injury case, it is permissible for investigators from insurance carriers to observe claimants in public places without... Read more »

1 Answer | Asked in Business Formation and Business Law for Iowa on
Q: If I have comercial small business/building insurance do I need an additional business insurance at same address???

I’m paying almost 5k a year on my newly possessed comercial building and it has a small mechanic shop in the garage. It’s an old gasoline station no pumps, no gas tanks just my new residence. My insurance agent made an additional charge of 1.5k for the small business shop in the back and it’s... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 30, 2022

An Iowa attorney could advise best, but your question remains open for two weeks. However, it would be difficult to answer your question about whether you need additional insurance. This is something to go over with your insurance carrier or broker, who would review your needs in more detail.... Read more »

1 Answer | Asked in Personal Injury for Iowa on
Q: I want to knw if I can sue my hospital for delayed treatment and not being made comfortable with a leg injury

On October 3rd I was injured at work and went to mary greeley hospital er in ames and x-rays were done and I was in and out in a hour on the following Thursday Oct 13th I went back cuz I was still in pain and I had to wait for 4hours before anyone came to check on me and actually talk to... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 17, 2022

Can you or should you? I am doubtful any lawyer would take such a case. A four-hour delay does not amount to the level of damages that would be required to know if liability exists.

1 Answer | Asked in Civil Litigation for Iowa on
Q: Do I have the right to ask for my case file from my lawyer after the case has closed?
Tim Akpinar
Tim Akpinar
answered on Oct 15, 2022

An Iowa attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, the general rule nationwide is that you're entitled to your file. States could differ among one another with issues such as attorney work product... Read more »

1 Answer | Asked in Car Accidents for Iowa on
Q: My husband was in a car/semi accident. No ticket was given to the person at fault. What can we do about this?

My husband drives a semi, a car turned in front of him. She had the yellow blinking arrow he had the green light. Instead of hitting her straight on he took the ditch and totalled out his truck. No ticket was given to her. What can we do about this?

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 14, 2022

Have your husband call a lawyer.

1 Answer | Asked in Workers' Compensation for Iowa on
Q: Temporary benefits reinstated

I have a pinched nerve in neck that 3 Drs have put in writing that it’s work related one being their own doctor also they tried everything to fix it but without accepting the claim now their doctor recommended disc replacement after that insurance company has went non responsive will not answer... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 14, 2022

Probably, it all depends on the record you made. Stop thinking they care about you as a person. To them you are the product. Similar to how Facebook sees you as the product.

1 Answer | Asked in Workers' Compensation for Iowa on
Q: I have 2 pinched nerves from lifting cases of product. I am a truck driver that delivers and unloads my product.

Dr says it’s from degenerative arthritis but was no problem until I was unloading my truck one day. Now my right shoulder and arm go numb.

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 10, 2022

Another fake opinion and fake denial. Gee, I wonder why?

Most of the authorized treating physicians are handpicked by the insurance company. That creates a conflict of interest and a bias against the injured worker. Because the injured worker is not the doctor's client or the customer;...
Read more »

2 Answers | Asked in Workers' Compensation for Iowa on
Q: Is a MMI required for every workers comp case? Dr. Released me with a 5 lb restriction and no over the head lifting?

He released me without addressing restrictions how does that work? Last restrictions was that above. Then referred me to Cervical Spine Dr. Then neck Dr says my injury is workers comp issue. Recommends surgery. But insurance says not work related due to degenerative arthritis but spine Dr and 2 of... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 8, 2022

Since July 1, 2017 you don’t have a chance to win without a lawyer, but finding one is not all that easy. When and how, when and how? What no injured worker seems to appreciate is how they are viewed by the authorized treating physicians. You are the product, not the client. The doctor doesn’t... Read more »

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1 Answer | Asked in Workers' Compensation for Iowa on
Q: Had a neck claim denied and shoulder claim accepted but after 4 months shoulder doctor says mri was normal for shoulder.

Shoulder Dr referred me to Cervical spine Dr and they have been treating neck does this mean it’s been accepted?

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 8, 2022

No. Not accepted unless you have a letter from the insurance adjuster that says it is an accepted claim.

They don't want to accept the claim because it will entitle you to industrial disability (a higher benefit). Iowa workers' compensation has become a game of one denial after...
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1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Collections for Iowa on
Q: If some one keeps giving out your phone number knowing that they are doing it falsely, is there any grounds for a suite?

who ever had my number before keeps giving it out for every thing under the sun that they don't want to ever pay or deal with. And it has been over 10 years. Is there any thing here I can do on the legal end to stop them?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2022

You can talk to a local lawyer whether this constitutes harassment but you have to determine who is responsible for doing so. Or you can change your phone number.

1 Answer | Asked in Real Estate Law for Iowa on
Q: Does a loan modification require the signature of all borrowers listed on the mortgage?

It’s a VA loan and I’m the qualifying veteran. The loan requires the property to be my primary residence but she refuses to refinance and take me off the loan. Also I signed a quit claim during the divorce

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 31, 2022

All notemakers will have to agree to the modification. However what did the Divorce order? If it required a conveyance and a refinance, then file an action to hold her in contempt. If the VA discovers any breach of the security instrument it might get the lender to foreclose, so be careful.

1 Answer | Asked in Social Security for Iowa on
Q: After applying for *but not having been approved or denied* SSI benefits, are you able to move states?

A friend is currently homeless and has applied for SSI benefits in Tennessee. They have not been approved or denied. They wish to move to Iowa where I live. Will they need to start a new application process, or can they just notify the Social Security Office of a change of address?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 30, 2022

Your friend can just update her address with Social Security when she moves at either the local Social Security field office or by calling the national Social Security number at 1-800-772-1213. Since Social Security is a Federal program, it will carry over when she moves to a new state. There is no... Read more »

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for Iowa on
Q: I filed chapter 7 last year, final. One creditor refused to be notified over phone, called me many times during

All other creditors took filing and attorney info over the phone (call recorded by me). Bankruptcy had been final for a time when the bank in question FINALLY took the attorney's information OVER THE PHONE! While it was happening I researched the number (would not answer it, as it was... Read more »

Timothy Denison
Timothy Denison
answered on Aug 6, 2022

You should sue them or at the very least bring contempt proceedings against them for violations the stay.

1 Answer | Asked in Estate Planning and Probate for Iowa on
Q: My mom died March 5 of this yr and my stepdad died 2 months following,

My sister made it seem to us that she was in control of everything and would not even let me go in my mom's house. Here it is a couple months later and I just found out by that sister that they found my mom's original will and I am the only child on it and her lawyer advised her to walk... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 21, 2022

You need to obtain the original will and hire a probate attorney to help you. If your sister refuses to deliver the will to you, a court can compel her to do so.

1 Answer | Asked in Criminal Law and Federal Crimes for Iowa on
Q: When feds pick up a state case how does that person get appointed a federal lawyer,from their state lawyer

This case is in Iowa. They were state charges, & the feds picked them up and now being held in county jail, & cannot get any information from anyone regarding this inmate. How does someone go about getting a federal attorney appointed when the attorney they have was the attorney appointed... Read more »

Katherine Sears
Katherine Sears
answered on May 22, 2022

Those of us who practice exclusively Iowa law don't necessarily know how to navigate PACER (the federal filing system) let alone how to request the appointment of federal counsel.

Your friend could call the federal public defender's office and see if someone over there knows....
Read more »

2 Answers | Asked in Immigration Law for Iowa on
Q: Can we start the k1 Visa process?

I've recently got divorced in Wisconsin which requires a 6-month stay to remarry. Since then I have moved to Iowa that does not have those restrictions on remarrying. I have met a girl in the Philippines while visiting there and we have been dating every since and want to get married. Since I... Read more »

Adan Vega
Adan Vega
answered on May 15, 2022

You must be unmarried to be eligible to file the FORM I-129F petition to begin the process for the K-1 fiancée visa. After the petition is approved by USCIS and the K-1 visa is issued by the U.S. consulate and your fiancée enters the U.S. you can then marry. This process will generally take more... Read more »

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1 Answer | Asked in Bankruptcy, Criminal Law and Appeals / Appellate Law for Iowa on
Q: I feel I wasn’t treated fairly in my hearing what can I do
Timothy Denison
Timothy Denison
answered on May 11, 2022

Appeal or ask for a rehearing.

1 Answer | Asked in Trademark for Iowa on
Q: Does the descriptor in a name trademark matter in regards to confusion or conflict? Within the same TM class.

I would like to use Boundless* Wealth (Boundless is not the actual word*) in class 36 financial, insurance, wealth mgmt. There is 1 other trademark for nearly the same services: Boundless* Financial Group, 5 states away from us, no exclusivity claim to Financial & Group. Is this a conflict?... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 22, 2022

For federal trademark registrations, the existence of a registration for a very similar mark used for similar services will result in a refusal from the USPTO, regardless of whether the prior registrant and the applicant are in different states.

As you note, the portion of the mark that is...
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1 Answer | Asked in Immigration Law for Iowa on
Q: I have a Syrian boyfriend , How can I get a K1 visa him? What’s the process like? I’m a green card holder in the USA .
Stephen Arnold Black
Stephen Arnold Black
answered on Apr 3, 2022

Only a US citizen can sponsor a foreign national for a fiancée K visa. However as an LPR, you can always get married to him and then sponsor him for a green card. He would have to process at the US consulate overseas. The rough wait time for this is about a year and a half to two years.

1 Answer | Asked in DUI / DWI, Personal Injury, Car Accidents and Medical Malpractice for Iowa on
Q: In Iowa can statements made by an individual with serious head trauma and concussion be used in court?

Operator suffered from serious brain trauma in accident and was questioned right after. It was clear operator was confused which was a result of a concussion from the accident. Operator couldn’t recall events of accident for three days after the accident. Officer wrongfully believed operator was... Read more »

Erik Luthens
Erik Luthens
answered on Mar 27, 2022

You need to obtain a professional opinion (expert witness) from a neurologist who can identify how the collision would have affected the injured person’s ability to offer a trustworthy statement (from an evidentiary standpoint).

Erik Luthens

Attorney at Law

Parrish-Sams...
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