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Questions Answered by Erik Luthens
1 Answer | Asked in Personal Injury, Arbitration / Mediation Law, Car Accidents and Insurance Bad Faith for Iowa on
Q: If a driver of a vehicle has a suspended license and hits someone riding a bicycle, wouldn't she be at fault automatical

Wouldn't she be at fault for driving on a suspended license

Erik Luthens
Erik Luthens answered on Feb 24, 2020

Operating a motor vehicle with having a suspended license does not create a liability per se situation.

1 Answer | Asked in Civil Litigation for Iowa on
Q: I need to file a general answer to the court for a debt collection. I can't find the form
Erik Luthens
Erik Luthens answered on Feb 4, 2020

Go to https://www.iowacourts.gov/for-the-public/court-forms/

1 Answer | Asked in Contracts and Real Estate Law for Iowa on
Q: If my apartment company is changing ownership mid-lease, is this grounds to terminate the lease by my choice?

We recently had to move cities due to a new job but are still paying on our apartment in the old location because our lease is not up yet. Our apartment company notified us that they are changing ownership and that all rent needs to be paid to the new owners starting immediately. Because our lease... Read more »

Erik Luthens
Erik Luthens answered on Jan 24, 2020

No.

1 Answer | Asked in Estate Planning and Elder Law for Iowa on
Q: my sister had moms will and life policies changed omitting me. Mom has dementia. Is this legal?

Mom accured dementia after my youngest brother passed. Thats when my sister had her name listed as executor and POA.

Erik Luthens
Erik Luthens answered on Jan 19, 2020

Until your mother actually dies, the terms of her will are of nobody’s business except hers. Whether the POA was properly obtained is a matter that needs to be evaluated by an Iowa attorney who practices in estate planning and/or civil litigation.

1 Answer | Asked in Personal Injury for Iowa on
Q: Is there a 2 yr statue of limitations on a personal injury claim?

My town has eflex for filing a small claim and after the 5th or 6th time of it being returned for missing information I let my frustrations break me down and put it aside to regroup, now I believe it may be too late.?

Erik Luthens
Erik Luthens answered on Jan 16, 2020

Generally speaking, a personal injury claim in Iowa must be filled within two (2) years of the date of the incident at issue. You should immediately contact an Iowa attorney who handles personal injury claims to discuss your situation.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Iowa on
Q: Re: 3rd party financing thru a dealership. Is it legal to have someone sign an assigned contract if its already denied?

A bank denied credit before we signed. Dealer never told us but had same banks name on contracts as assignee.

Erik Luthens
Erik Luthens answered on Jan 5, 2020

This question is too fact intensive for an online forum. You need to immediately retain an Iowa attorney to obtain an informed opinion.

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Iowa on
Q: I dont want to say too much at unemployment fact finding interview and ruin the osha retaliation investigation. How do I
Erik Luthens
Erik Luthens answered on Dec 23, 2019

You should immediately consult with an Iowa attorney who specializes in employment law.

1 Answer | Asked in Contracts and Animal / Dog Law for Iowa on
Q: Can I sue a Barn Manager for neglet and verbal abuse? How much evidence would I need to win my case if I choose to sue?

I had my horse in the care of a local barn. A few weeks after I moved him their the barn manager left him and several others without water. Had I not been there to fill up the water buckets I believe that they all would have coliced as they would have been without water for over 12 hours. She also... Read more »

Erik Luthens
Erik Luthens answered on Dec 13, 2019

You believe that your horse “deserves justice” because he’s hungry? If you have at least $10,000 to pay an attorney to work towards justice, you might have a case.

1 Answer | Asked in Banking and Civil Litigation for Iowa on
Q: If a bank is paid off and the loans are moved to another bank and the previous bank signed off can they still foreclose

the bank has an on going lawsuit against them and signed off on the loans to be transferd to another bank and the transfer was completed for months now. Now they filed a deficancy on the farm and sold it without our knowledge and now are evicting us. what can be done to stop this?? They also... Read more »

Erik Luthens
Erik Luthens answered on Nov 23, 2019

You need to immediately consult with an Iowa attorney who handles real estate matters and farm foreclosures in particular.

1 Answer | Asked in Civil Litigation for Iowa on
Q: What do I need to file to initiate contempt

This is in response to an illegal eviction

Erik Luthens
Erik Luthens answered on Nov 21, 2019

You need to consult with an Iowa attorney who handles landlord / tenant matters.

1 Answer | Asked in Workers' Compensation for Iowa on
Q: A previous employer still hasn't paid me, it's been 6 months. What can I do? I was told to seek a worker's comp lawyer.

I started working for a person as a dispatcher. It's been 6 months and she is now saying I was an "independent contractor" which was never discussed. She has yet to pay me what is still owed. She also has done this to another lady as well stating that the other lady is an "independent contractor".... Read more »

Erik Luthens
Erik Luthens answered on Nov 7, 2019

If you were working in Iowa or for an Iowa based company, you should immediately contact an Iowa attorney who handles workers’ compensation and employment law matters.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Iowa on
Q: I worked for a company 6 months ago. They still havent paid me and are now saying I was "self contracted".

I was hired not knowing I was self contracted. The owner kept saying she would pay me on different dates and when those dates came she made excuses and no payment was recieved. She still hasn't paid me what she owes. There is also another "employee" she has done this to, she owes the other employee... Read more »

Erik Luthens
Erik Luthens answered on Nov 7, 2019

It appears that the owner of the company is asserting that you are an independent contractor rather than an employee; there are many factors which determine this. You should immediately contact an Iowa attorney who handles employment / workers’ compensation claims.

1 Answer | Asked in Legal Malpractice for Iowa on
Q: I hired a lawyer to file an appeal for unemployment for me. I was told 1week from when I hired him thathis dictation

Did not go through do to a system update internally that he knew was happening. Now we missed the appeal date and I am stuck not able to legally and rightfully fight my case. The firm is offering me $600 and a oops. But I have now been out of work for 6weeks and am broke. I am certain if appealed I... Read more »

Erik Luthens
Erik Luthens answered on Sep 5, 2019

The issues are: (1) whether you would have been successful on appeal had your attorney timely performed his duties; and if so, (2) the amount of unemployment insurance benefits you reasonably would have received. If you sue your former attorney for legal malpractice, you would need to retain an... Read more »

1 Answer | Asked in Civil Litigation for Iowa on
Q: I am the victim of a crime in which the perpetrator has filed for PCR. Is that filed document public information?

I need to know if I am able to go to the Clerk of Court and print a copy of a civil post conviction relief form filed by the perpetrator of a crime against me.

Erik Luthens
Erik Luthens answered on Aug 13, 2019

Go online to: https://www.iowacourts.state.ia.us/ESAWebApp/ESALogin.jsp and look up the case.

1 Answer | Asked in Civil Litigation for Iowa on
Q: What forms do I need to initiate a procedural due process case

The City wants to demolish my house and denied me a hearing

Erik Luthens
Erik Luthens answered on Aug 13, 2019

It is more than just filling out a form. I recommend that you immediately hire an Iowa attorney who specializes in real estate / zoning law.

1 Answer | Asked in Medical Malpractice for Iowa on
Q: Can I ask for an attorney if I go to the Emergency Room?

no

Erik Luthens
Erik Luthens answered on Aug 12, 2019

You can ask for anything that you wish; however, receiving medical treatment in an emergency room does not entitle you to an attorney (as with the situation in which one is charged with a crime and is being held in police custody).

1 Answer | Asked in Personal Injury, Products Liability and Civil Litigation for Iowa on
Q: My fathers civil case trial in Iowa settled in Iowa, now can attorney get the percentage from texas no cap or iowas

In texas they have no amount or percentage capped they can get more than 33% by using texas law in Iowa we get 33% of settlement. texas also charges for court cost experts who testified traveling cost there own plain flew hear. We won was allowed to be reversed we appealed it was sent back to... Read more »

Erik Luthens
Erik Luthens answered on Jul 16, 2019

It is unclear as to what you are asking. You need to schedule an appointment (do not randomly call on the telephone) with your attorney and have him or her fully explain what is happening in your case.

1 Answer | Asked in Health Care Law, Medical Malpractice and Public Benefits for Iowa on
Q: What kind of lawyer do I need if an inpatient mental health facility violated their policies?

I placed my teenage daughter in an inpatient mental health facility that had strict guidelines regarding who could contact her and how. She was not allowed to have contact with anyone that I, personally did not put on her list, which was password protected by a password I chose. She could not... Read more »

Erik Luthens
Erik Luthens answered on Jun 26, 2019

Did you have a written agreement between the health care facility and you? If so, are the conditions / terms which you assert were violated specifically delineated in the agreement? How have you and / or your daughter been damaged by the health care facility’s breach of the agreement?

2 Answers | Asked in Medical Malpractice for Iowa on
Q: i have been injured by a doctor doing a procedure on me.leg are weak,off balance,limp and fear because of what he did .

was woke up briefly from being sedated ,with him giving me a forceful chop on the procedure site.need some advice on what to do.

Erik Luthens
Erik Luthens answered on May 29, 2019

You should immediately schedule a consultation with the doctor in question to determine specifically as to what he / she did and whether you need any further medical treatment due to the "forceful chop."

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