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Questions Answered by Erik Luthens
1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Iowa on
Q: My ex-spouse died 2 years ago and my divorce attorney had not sent a correct QDRO form for a GE Retirement fund.

My lawyer has admitted guilt but the insurance lawyer has given me the run around for the past 2 years. My exes wife received the money instead of me. I just want what I'm owed, approx 75K. How do I proceed?

Erik Luthens
Erik Luthens
answered on Oct 23, 2024

How did your attorney “admit guilt?” If your attorney alerted his/her professional liability insurance carrier of the situation, you should have been reimbursed by now. Generally speaking, the statute of limitations for pursuing a legal malpractice claim is five (5) years from when you know... View More

1 Answer | Asked in Workers' Compensation for Iowa on
Q: I have been mowing a ladies lawn cut trees down for her trimmed trees for 2 years without being paid can I put a lien
Erik Luthens
Erik Luthens
answered on Nov 9, 2023

Did you have a written agreement with the property owner for compensation? Did you have any type of an agreement? Have you invoiced the property owner for your services?

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Small Claims for Iowa on
Q: Can I sue in small claims court(or larger)for breach of contract against my daughters’ former dance studio? $10k wasted

Teen daughters danced at a studio. Annually fill/sign a standardized code of conduct form agreeing to policy of treatment of others. My kids (and others) were bullied by suburb mean girls. Owner informed. Kids were blamed by owner instead of helping. We told our kids to be overly nice (too nice to... View More

Erik Luthens
Erik Luthens
answered on Mar 16, 2023

I absolutely understand your frustration- both of my daughters danced on competitive teams for several years (my wife was also the varsity dance coach at Urbandale High School for several years). However, this is not a matter to be litigated in court (small claims or otherwise). If I were you, I... View More

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2 Answers | Asked in Workers' Compensation for Iowa on
Q: I have filed a work comp. Claim 10 months ago. Was told any work missed due to injury is on my own attendance. True?
Erik Luthens
Erik Luthens
answered on Feb 17, 2023

If you miss work time due to a compensable work related injury, your employer (or its worker’s’ compensation insurance carrier) should be timely paying you temporary, partial disability (TPD) benefits.

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1 Answer | Asked in Workers' Compensation and Employment Law for Iowa on
Q: I have a torn Bicep labrum for 10 months now & being told I have to use my own points if I miss work due to pain from it

Points = my attendance for my works compensation accident.

Erik Luthens
Erik Luthens
answered on Feb 16, 2023

If your torn bicep is due to a work related injury, you need to immediately pursue a worker’s’ compensation claim. If the injury isn’t work related, you should inquire as to whether you are eligible for FMLA time.

1 Answer | Asked in Contracts and Real Estate Law for Iowa on
Q: Daughter's ex's name is on property & loan, but daughter has been paying 100% on it for over 5 years.

Hello, My daughter has a house that she bought with an ex-boyfriend (never married). When they split up, they signed a contract saying she had 100% posession to the house for 5 years (until Mar 2023 - when the grant for 1st time home buyer ends). After that, she has 1st chance on refinancing/buying... View More

Erik Luthens
Erik Luthens
answered on Jan 10, 2023

Your daughter needs to retain a real estate attorney as soon as possible.

1 Answer | Asked in Civil Litigation for Iowa on
Q: My small claims matter was just dismissed stating, this is not a small claims jurisdictional issue,this matter must be

handled in family court. But the judge gave me an appeal bond. Of 300. I'm suing a woman who new all along a child was not mines and admitted it 9 years later, the child was not mines, I'm suing her for child support paid by me 1,300 dollars. Can I pay the appeal bond and proceed or go to... View More

Erik Luthens
Erik Luthens
answered on Jan 10, 2023

You need to immediately retain an attorney who handles family law matters.

1 Answer | Asked in Workers' Compensation for Iowa on
Q: Are my lawyers entitled to part of the settlement pertaining to late workers comp payment penalties and future medical?
Erik Luthens
Erik Luthens
answered on Dec 16, 2022

Your lawyers are entitled to receive a portion of anything that they, through their efforts, obtained for you pursuant to the attorney fee agreement.

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... View 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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3 Answers | Asked in Divorce, Family Law, Personal Injury and Sexual Harassment for Iowa on
Q: Adultery in the state of Iowa

What recourse does a husband have in Iowa if his wife is openly committing adultery and refuses to stop?? The only respite she is offering is a divorce for which the husband has to pay along with losing half of the assets. She is openly mocking him by saying that in Iowa, he is screwed by the... View More

Erik Luthens
Erik Luthens
answered on Oct 11, 2021

You do know that it’s 2021, not 1921, right?

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2 Answers | Asked in Personal Injury for Iowa on
Q: How much should i expect forge a settlement? Someone cut Me off and ended up running my arm over. Had to have em surgery
Erik Luthens
Erik Luthens
answered on Jul 6, 2020

A reasonable settlement value depends on many factors including, but not limited to liability; the amount of your medical expense (past and future); the amount of your loss of earnings (past), the amount of your loss of earning capacity (future). This is not a do-it-yourself project; I suggest... View More

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1 Answer | Asked in Personal Injury for Iowa on
Q: If someone plead guilty to assault related to a bar fight 2 years ago:

And is now the subject of a law suit asking $400k for damages in the form of pain, suffering, emotional distress. And he has already paid medical expenses and lost wages to the plantiff. If the judge/jury awards the damages, what is the likely structure of the settlement? Payments? Lump sum?... View More

Erik Luthens
Erik Luthens
answered on May 18, 2020

This is a complex situation that needs to be discussed with an Iowa attorney who handle dramshop litigation. I suggest that you immediately contact such an attorney.

1 Answer | Asked in Workers' Compensation for Iowa on
Q: I work for wal mart and I hurt my back pulling pallets of dog food,I have a broken disc in my lower back

I have gone to there dr.,I have done physical therapy,i have had an mri done,I have to have back surgery,the dr. found a dr. in iowa city,but work comp says I have to go to there dr.,I told them I have no way to get to iowa city,I have been getting a regular work comp. check .I have received no... View More

Erik Luthens
Erik Luthens
answered on May 4, 2020

You should be timely reimbursed for round trip to mileage to all doctors that are approved by the w/c insurance company. This is not a "do-it-yourself" project- I strongly recommend that you immediately contact an Iowa attorney who handles workers' compensation claims for claimants... View More

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Iowa on
Q: A friend of mine was storing furniture for me and passed away. His family refuses to give it to me. I have recipts and

Serial numbers and a signed itemized list. I contacted police department and was told all I can do is take them to court. Not sure how to handle this? Help!!

Erik Luthens
Erik Luthens
answered on Apr 28, 2020

Your stored furniture has “serial numbers?” Interesting. You should immediately file a claim in the estate of your deceased friend (assuming an estate has been opened). I suggest that you immediately contact an Iowa attorney who handles civil litigation to discuss your options.

1 Answer | Asked in Civil Litigation for Iowa on
Q: A family member gave me $2,000 9 years ago to pay bills. Never brought it up until now after we had a falling out

Now she is demanding I pay her or she will take me to small claims. There was no contract as I didnt ever plan to pay her back. Does she have a case?

Erik Luthens
Erik Luthens
answered on Apr 18, 2020

The issue appears to be whether you received the $2,000 as a gift or whether there was some type of an agreement for the $2,000 to be a loan. Do the right thing.

1 Answer | Asked in Medical Malpractice for Iowa on
Q: I was diagnosed almost 2 years ago with Arachnoiditis and the surgeon said it was caused by a surgery 15 years ago.

15 years ago my dural sac was cut during surgery and I went to back every week after surgery with a baseball sized lump out my back. They let it leak for a month before doing an MRI. I was back in surgery next morning for repair. 2 years ago a different neurosurgeon discovered my Arachnoiditis on... View More

Erik Luthens
Erik Luthens
answered on Mar 3, 2020

Generally speaking the statute of limitations relative to a medical malpractice claim is two (2) years from the date of the negligent act or two (2) years from the date of when you were first made aware of a potentially negligent act associated with medical treatment ("discovery rule").... View More

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... View 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.

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