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Questions Answered by Stephen Douglas Lombardi
1 Answer | Asked in Criminal Law and Personal Injury for Iowa on
Q: On May 25, 2018 someone opened a car door into my daughter's lane of traffic causing her to hit the door resulting death

Is it too late to proceed in a criminal case against the person that opened the door

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Jun 1, 2020

There is no way to answer your question. Only prosecutors have the power/authority to file criminal charges. You can file a report with the police, but only a prosecutor has the discretion to bring charges.

Has an estate been opened? The estate has the right to bring the action.

If...
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2 Answers | Asked in Workers' Compensation for Iowa on
Q: My husband was injured at work and is on workers cop. He has not been able to drive. Who should have to pay for a taxi?

I have been driving him everywhere but have to be out of town all weekend for work.

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Mar 26, 2019

The employer and its workers' compensation insurer are responsible for transportation costs for medical appointments. They are not otherwise required to provide transportation.

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3 Answers | Asked in Car Accidents and Personal Injury for Iowa on
Q: I was in a motorcycle accident Nov 7 2016 I didn't have insurance. The other driver ran a red light and hit me no ins

He was charged for running the light. I was in Iowa City for CPL weeks cracked and broken pelvis had 8 1/2 hr surgery in a wheelchair for a year. I'm still unable to work and require additional surgery. Is their anything I can do since neither of us had insurance?

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 7, 2018

That's a difficult question to answer without having more information about the accident and without being able to read the accident report from the police department that investigated the accident. I will be in the office after 2:30 Pm today if you would like to discuss the situation.

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2 Answers | Asked in Medical Malpractice for Iowa on
Q: Can I sue a hospital for misdiagnosing me and almost causing me to die?

Near Christmas time I enter the hospital with an excruciating migraine, by ambulance. I was misdiagnosed and admitted to the hospital with a small lung infection. The doctor refused to see me, even when I begged the staff to get her bcuz I knew something more severe was going on. She absolutely did... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on May 21, 2018

Quick Answer: Anyone can file suit. But can you win? Probably not. Maybe, but probably not.

Why not? There are so many things wrong with the facts of which you described, that I am not even sure where to begin, but let's limit the issues and see if I can shed some light on why-not....
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2 Answers | Asked in Probate and Wrongful Death for Iowa on
Q: My father died of mesothelioma, we were not included in lawsuit, but estate has been in probate. How can we still file
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on May 1, 2018

I am only willing to put the time into answering this question if I am hired on a contingent fee basis to represent the estate. The Administrator or Executor would need to call my office, schedule a time to talk and then decide if they wanted to hire the Lombardi Law Firm. It is doubtful any lawyer... View More

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2 Answers | Asked in Workers' Compensation for Iowa on
Q: I broke my ankle at work..hit by a fork lift. The company okd my surgery..but now my claim is denied..how and why?

Im a new hire have been on the job approximately 6weeks. How can they ok the surgery then deny the claim?

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Apr 28, 2018

There are many ways or reasons why an employer's workers' compensation insurer can or will deny a claim. This forum is no place to discuss the issues, as you have no attorney-client privilege here. Call our office on Monday and we can discuss if you have a claim we would accept.

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2 Answers | Asked in Workers' Compensation, Constitutional Law and Federal Crimes for Iowa on
Q: how is the workers compensation commission legally defined;a branch of government or a private enterprise?
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Apr 14, 2018

A governmental agency. Administered by State laws (the Iowa Code), State agency rules (The Iowa Administrative Code) and legal precedent (meaning case law).

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1 Answer | Asked in Insurance Defense and Personal Injury for Iowa on
Q: Son snuck out of ex mother-in-law is home and was seriously hurt can I sue her homeowners insurance
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Apr 7, 2018

Maybe. The claim would be failure to properly supervise a minor, assuming your son is still a minor. The claim would be brought by you for medical expense, permanent injury, wage loss (perhaps), reduced earning capacity along with pain/suffering. Of course this answer is so general that it is... View More

1 Answer | Asked in Criminal Law and Car Accidents for Iowa on
Q: Yesterday i was leaving Walmart a lady started to reverse so we stopped walking. She then stopped so we proceeded to wa

We proceeded to walk behind the vehicle. As we got behind the vehicle she put it in reverse, i put my arm up in defense the vehicle hit me, we all told the police the same information including the driver of the vehicle. The police then arrested me saying “i lied and jumped into the car”for... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Apr 7, 2018

Facts are funny, it seems everyone has their own set. Many things are 'legal', but what is 'legal' isn't necessarily right. I have no idea which town or city you were in. (Jurisdiction) I have no idea what the police officer wrote in his/her report. And I have no idea what... View More

1 Answer | Asked in Animal / Dog Law for Iowa on
Q: My roommate and I have too many dogs but can we get in trouble for it?

My roommate has three dogs and I have three dogs but they live on separate floors and don't go outside together so can we still get in trouble for having too many dogs?

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Mar 31, 2018

Read your lease and your town or city ordinances. There lies the answer.

1 Answer | Asked in Workers' Compensation for Iowa on
Q: injured my knee at work, fell down on ice taking trash to dumpster

I now have a Dr. that put me on light duty, I work in a body shop, Dr said light duty should be something that I could do sitting in a chair, Dr doesn't want me to stress my knee any more and if there is nothing that I can do then Dr said I need to go home and not to injure it more than it... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Mar 10, 2018

If you don’t follow your doctor’s advice the insurance company will argue your problems are from your own doings and therefore any disability is not something they should have to pay for. Meanwhile the employer is looking for a reason to fire you. This is what Iowa’s Republican controlled... View More

1 Answer | Asked in Wrongful Death for Iowa on
Q: Wrongful death

My mom was struck from behind walking home on thanksgiving morning along the highway.

The doctor just released her from the hospital before the accident happened.

She wasnt in her right mind because her Med doctor took he off of lithium and put her on something else which messed her... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Mar 6, 2018

There are multiple possible claims with this fact scenario. It appears you are asking about medical malpractice, but there could be a motor vehicle accident claim against the driver and owner. There could be a dram shop action against a bar. You need to discuss it with a lawyer. You need an... View More

1 Answer | Asked in Workers' Compensation for Iowa on
Q: Workers comp. denied surgery, what are my options now?

I was injuried a year ago. Have done everything they have asked. Been to every appt. they even sent me for a 2nd opinion. Which he states was due to my job. They are still denying surgery.

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Feb 6, 2018

No big surprise with them denying surgery. They are in control and control is what you want, but won't likely ever get unless you can produce another medical opinion that says you need surgery and that opinion is considered to be reasonable. It is obvious to me you need help and that means... View More

3 Answers | Asked in Personal Injury for Iowa on
Q: If the police don't file charges ,could i still sue for personnal injurys

My boy and his wife were jumped leaving a bar. My son has a broke jaw in 3 places and his wife has a broken arm. The police have not filed charges because they say there is conflicting stories.

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Feb 2, 2018

With or without charges being filed you can file a civil suit for damages.

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2 Answers | Asked in Car Accidents for Iowa on
Q: What should I ask for in a vehicle accident settlement?

I was in my work vehicle and I was hit by a drunk driver who ran a red light. He did not have a drivers license, he was arrested, but his passenger fled the scene and he attempted to flee the scene in his vehicle. He hit me at a high rate of speed on my driver's side of my work vehicle. The... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Apr 7, 2018

Fair compensation. You should ask for a fair amount of compensation. No more and no less. Now I know what your next question will be and no lawyer can answer that question without knowing more about the facts of your case. Lawyers gather the evidence about how the accident happened because knowing... View More

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2 Answers | Asked in Car Accidents for Iowa on
Q: I was in a car accident at a gas station and wondered if I could ask them to give me the video to review who is at fault
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Jan 21, 2018

Yes, they may or may not agree to provide the video. I do.

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1 Answer | Asked in Car Accidents and Traffic Tickets for Iowa on
Q: First car accident ever and am being required to retest with the DOT to keep my license. Do I have any recourse?

I was in my first accident since I began driving at the age of 16 (I am 33 now). I did not receive a moving violation for this accident, but am now being required to retake all tests (written, driving, vision, hearing) with the DOT in order to keep my license. Is this normal or is this something... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Jan 4, 2018

It's normal if you are a member of the Congressional majority. Without seeing/reading what you have there isn't any way for a lawyer to give you an complete answer.

3 Answers | Asked in Personal Injury for Iowa on
Q: The lady who was at fault only carried the min insurance. Can I sue the insurance company for more?

I was in an auto accident back in March 2017. My back was hurt very badly. I'm still getting treatment and nothing has been helping. It is possible that I will have this pain for the rest of my life. The lady was at fault and was only insured for $20,000. I do have underinsured insurance. My... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Dec 18, 2017

The quick answer is "no, you sue the lady, not her insurance company". You can collect on your underinsured coverage. What were your limits for UDM coverage?

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1 Answer | Asked in Personal Injury and Workers' Compensation for Iowa on
Q: Injuried my knee at work and been having pain for the past two months. Filled out work comp forms on Oct 12 and release

medical form. I still have not received medical care approval. Is this a reasonable time to wait?

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Dec 17, 2017

No. It is not a reasonable time to wait. Changes were made to the workers' compensation laws effective on July 1st, 2017 and it will get harder and harder for injured workers to hire lawyers. Your claim is essentially been denied so you should not have a problem finding a lawyer. You need to... View More

1 Answer | Asked in Consumer Law, Divorce and Car Accidents for Iowa on
Q: What are my options concerning a credit hit I took for my ex wife not paying her vehicle loan?

We both signed, and a judge signed, the stipulation for our divorce, and it literally states "(she) shall be awarded the 2012 Cruze automobile free and clear from any claim of (me) and she shall assume any indebtedness thereon, holding (me) free from any liability thereon".

2... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Dec 17, 2017

You can file with the divorce court an application for her to show cause why the Court should not hold her in contempt. You can ask the Court to award you attorney fees but during the pendency of the action you will have to pay your own lawyer.

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