Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Erik Luthens
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?... Read 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... Read 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... Read 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... Read 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").... Read 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... 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... 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... 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.