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Questions Answered by Erik Luthens
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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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.

Erik Luthens
Erik Luthens answered on Mar 26, 2019

The workers' compensation insurance carrier must pay for your husband's reasonable transportation expense of going to and returning from all medical appointments that are authorized by your husband's employer's workers' compensation insurance carrier. If you (or anybody other than a commercial... Read more »

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2 Answers | Asked in Civil Litigation for Iowa on
Q: Do we have a right to travel on road ways . Hasn't the supreme Court ruled on this is a number of cases??

Since my travel are not commercial related and it's for me to pursue life liberty and right to happiness I don't need a Iowa DOT license ?

Erik Luthens
Erik Luthens answered on Jan 29, 2019

Yes.

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1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Q: I can prove perjury effected outcome of small claims in Iowa. Can I sue them again in small claims?
Erik Luthens
Erik Luthens answered on Dec 9, 2018

If the appeal time has not yet run, you should raise that issue on appeal. If the appeal time has passed, you can try to file another action based on the fraud perjury) the other party committed.

2 Answers | Asked in Medical Malpractice for Iowa on
Q: Can I see a Dr for telling me there's nothing wrong with .e and sending me on my way when there was something wrong?

I was referred to this specialist with Mri results and he insisted he read the results and found d nothing wrong yet referring Dr sent him proof of the damage. He did nothing for me and sent me home

Erik Luthens
Erik Luthens answered on Nov 6, 2018

After you were sent home by the specialist, did you receive any further medical treatment from your primary care doctor and/or any doctor?

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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?

Erik Luthens
Erik Luthens answered on Oct 7, 2018

Was the other driver a;so the owner of the vehicle that struck you? Does the other driver own attachable assets? I suggest that you contact an Iowa attorney who handles personal injury claims as soon as possible to discuss your options.

Erik Luthens

__________________________...
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1 Answer | Asked in Medical Malpractice for Iowa on
Q: My mother passed from a blood clot after a epidermal injection but was never told she had blood clots forming can we sue

She was having leg problems and shortness of breathe prior to surgery but the her primary doctor never followed up nor was my mother told she had potential blood clots forming can we sue the hospital for wrongful death

Erik Luthens
Erik Luthens answered on Sep 27, 2018

In any medical malpractice claim, the primary issues are:

(1) Did a physician, nurse or other health care provider ("HCP") have a duty to provide some type of medical treatment to a patient?

(2) If the HCP did have such a duty, did the HCP breach the standard of care owed to a...
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1 Answer | Asked in Workers' Compensation for Iowa on
Q: I injured my elbow and shoulder at work as a drywall finisher ,they denied it simply because I was off on the exact date

I do have a lawyer and it was filed before july 2017 ,and had surgery on both elbow and shoulder ,with a very good chance I won't be able to continue drywalling im worried for me and my daughter ,,about what the chances of me not only losing case ,,but my job as well I'm 43 and don't know... Read more »

Erik Luthens
Erik Luthens answered on Sep 18, 2018

Since you already have an attorney, I suggest that you schedule a mutually convenient appointment with him / her (rather than randomly calling on the phone) to fully discuss all of the concerns you have with your claim. This will allow both you and your attorney to be prepared to have a meaningful... Read more »

1 Answer | Asked in Civil Litigation for Iowa on
Q: Is there anything I can do about three Iowa city bar serving my 20-year-old son alcohol leaving ham rushed to the ER

The third bar my son was not able to even walk and I himself spilling several drinks on himself and the table when leaving the facility my son fell as a result of being rushed to the ER for two skull fractures and multiple brain bleeds he is not a legal age Let alone his intoxication level he... Read more »

Erik Luthens
Erik Luthens answered on Sep 5, 2018

Unfortunately, the bars would likely sssert a complicity defense in the event that your son sued them on a dramshop theory for his injuries and would likely be successful.

1 Answer | Asked in Civil Litigation for Iowa on
Q: Do I need to hire a private lawyer to file a civil suit
Erik Luthens
Erik Luthens answered on Aug 30, 2018

Just as you don’t need to hire a contractor to build your house, you don’t need to hire an attorney to file a lawsuit . However, when your house crumbles or your lawsuit gets dismissed due operator errors, you have no one but yourself to blame. You retain professionals for a reason.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Iowa on
Q: Is there any thing I can do about a man making a sexual video tape of me while I was past out due to intoxication?

This man came to me a year ago wanting dna testing done on my 15 year old son. I was not aware I even had intercoarse with this man until people started telling me they seen a video of me past out. I rented an upstairs room in this man's house, about 17 years ago. I never dated him. I moved out of... Read more »

Erik Luthens
Erik Luthens answered on Jul 22, 2018

You may have the grounds to go forward with a criminal complaint through the local county attorney’s office as well as a civil action against the man in question. I suggest that you immediately contact an attorney in Iowa who handles civil litigation.

Erik Luthens...
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1 Answer | Asked in Civil Litigation and Personal Injury for Iowa on
Q: I was a victim in a bank robbery and was assulted, later diagnosis with ptsd and had to leave my job can i sue the banks

The bank was robbed 2 times prior in less than 24 months, fbi was warning all banks a gang was robbing banks

Erik Luthens
Erik Luthens answered on Jun 27, 2018

If the bank failed to take reasonable precautions to make its premises relatively safe, then you might have a claim worth pursuing. A significant issue is whether the robbery in question was reasonably foreseeable by the bank.

1 Answer | Asked in Gov & Administrative Law, Public Benefits, Legal Malpractice and Social Security for Iowa on
Q: I filed a SSD claim. Hired a Lawyer. Lawyer did not get medical records in time. Evidence was not allowed into hearing.

2 years of medical records not admitted due to my Lawyer did not get records into evidence.

4 different chronic, progressive, and eventually fatal all because my lawyer missed the timely

submission of these records. Administrative Law Judge angerly told me and especially my Lawyer... Read more »

Erik Luthens
Erik Luthens answered on Jun 21, 2018

In any legal malpractice case the primary issues are: (1) whether your attorney breached the standard of care or in other words, did something (or failed to do something) that an attorney in a similar situation would have done; and (2) whether your attorney’s error is a proximate cause of your... Read more »

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