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Questions Answered by Erik Luthens
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...
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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... View 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... View 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... View 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... View 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... View 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... View More

1 Answer | Asked in Workers' Compensation for Iowa on
Q: My husband had a workers comp lawsuit. It was settled out of court. Would there be a case number.
Erik Luthens
Erik Luthens
answered on May 22, 2018

Yes. Contact: Iowa Workforce Development (Division of Worker's Compensation), 1000 E. Grand Avenue, Des Moines, IA 50319. Tel: (515) 725-4120

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

Erik Luthens
Erik Luthens
answered on May 21, 2018

The primary issues in any medical malpractice action are:

(1) Did a health care provider (doctor, nurse, etc.) make a mistake (breach the standard of care owed to the patient)?

(2) Did that mistake result in an injury to the patient?

(3) What is the extent of the injury...
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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?

Erik Luthens
Erik Luthens
answered on Apr 29, 2018

An employer can deny responsibility for an alleged work related injury for many reasons including failure to timely receive notice of the injury; positive drug screen; a medical opinion disputing causal connection between the injury and work related activities.

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1 Answer | Asked in Libel & Slander and Personal Injury for Iowa on
Q: Can a shared post on Facebook be worthy of defamation if part is public record and part is photo evidence of the injury?

My friends boyfriend recently inflicted bodily harm to her. 911 was called and he is facing two charges of domestic abuse. There was a post on Facebook showing a screenshot of his arrest record- public record- and pictures of my friends injuries (split lip, swollen eyes, bruises, etc.).... View More

Erik Luthens
Erik Luthens
answered on Apr 23, 2018

"Threatening" to sue for defamation is much different than actually recovering damages based on a defamation claim. Truth is a classic defense to a defamation claim.

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?
Erik Luthens
Erik Luthens
answered on Apr 14, 2018

Iowa Workforce Development (“IWD”) is the state of Iowa agency that oversees unemployment, workers’ compensation and other employee / employer related issues. Within IWD is the Division of Workers’ Compensation (“DWC”) which specifically oversees workers’ compensation claims. The DWC... View More

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1 Answer | Asked in Libel & Slander and Real Estate Law for Iowa on
Q: Is it legal to post pictures and tell someone's address on Facebook after their house gets condemned
Erik Luthens
Erik Luthens
answered on Feb 21, 2018

Generally, a condemnation order is a public document generated by a local governmental agency. Accordingly, identifying the address of a condemned property on social media wouldn’t be libelous.

1 Answer | Asked in Medical Malpractice for Iowa on
Q: My father had hip surgery made it threw that fine ... The nurses told 2 ppl he did great with hip surgery but he lost a

More blood they gave him blood transplant and he got a blockage and died next day when they did that it has greatly erected my life he was only 58 can I go after them I've been messed up haven't been able to work in highly depressed

Erik Luthens
Erik Luthens
answered on Feb 19, 2018

Not every adverse or bad result with regard to medical treatment necessarily constitutes malpractice. The real question is whether the primary treating physician or the physician's staff failed to do something he / she / they should have done or did something he / she / they should not have... View More

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