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My brother, a minor, was injured at work and had to receive stitches. No problem there, but the employers didn't inform any of his family and released him into the care of another minor (unrelated) rather than attempting to call us or EMS. Were they allowed to release a minor into the care of... View More 
answered on Oct 4, 2017
Hmmmm.... Interesting question. I would love to know in which industry he was working. Probably a restaurant. No matter. The kid has a workers' compensation claim; I think you know this. But your question goes to notice to the family and if there is a duty to the family, which was breached,... View More
answered on Aug 31, 2017
There is no set time, although it is normally done within a week. Of course the time depends on the terms of the settlement, the signing of paperwork, modification of the terms stated in the paperwork and the type of settlement. Is it for property damage, car rental, medical expenses, an annuity or... View More
answered on Aug 31, 2017
You owed no duty to warn a trespasser but you do owe them reasonable warnings when you are aware people use a path across your land. The answer to your question lies in the details. As the saying goes, the devil lies in the details. Your question doesn't really provide much detail and so... View More
I noticed what appeared to be a rash on Monday June 26, by Friday I was itching all over. I was sitting on the floor in the bed room and this bug crawled across my dark pants, I killed it, looked it up on the internet, it looked just like a picture of a bed bug. I called the apartment manager and... View More
answered on Jul 7, 2017
Yes, but it's on you to prove the bed bugs came with or from the furniture and not from a guest, etc.
a personal injury lawyer or settle with my insurance company?
answered on Jun 15, 2017
You absolutely need an attorney for injuries that significant. Otherwise the insurance company will just bat you around and try to walk you into an unfair settlement. I wrote about the risks of handling your own injury claim here:... View More
I have a dr order for the air conditioner to be turned on today and to keep it cooler in here I am oxygen dependent and have copd I have 2 other roommates at the house it is staffed by a company 24/7 the company that I am under here said that the air conditioner will not be turned on today and to... View More
answered on Apr 21, 2017
Depends on the law in your state regarding group homes and the agreement with whoever placed you there. I would go to the agency that placed you with them.
The drain cover moved and my horses hind legs both fell into the drain injuring his left hind leg and putting him into stall rest with hand walking for in excess of 6 weeks. The fair grounds and the state have denied my claim stating that since there was no prior injury that "had been... View More
answered on Apr 17, 2017
What they mean is did they have "notice" that the racks weren't stable or secured? This depends on how they looked.
Also depends on what your contracts were etc. Contact a member of the Ia. Assn for Justice --they give free consults.
If it's the type of thing... View More
I live on 2nd story of 6plex. To get to the parking lot there's a cement ramp to use but in obvious visual poor maintenance for years. Ive mentioned this while living here. Many of their other properties have bad concrete walkways/stairs. I work with special population individuals that have... View More
answered on Aug 31, 2017
A picture is worth a thousand words. I say that quite often but mostly in the area of premise liability cases where a defect has said to cause an injury and the injured person calls us asking if we will take their case. We need to see the condition that you believe is the defect. And then we need... View More
answered on Apr 7, 2017
That all depends. Were you injured? Did you receive medical care? Is your injury significant enough to actually make it worth the time and expense involved? Did it require surgery? Did you have a broken bone or just hit your funny bone? Answer those questions and I can answer yours.
The child's other parent is aware of the claim. They have 50-50 custody and 50-50 physical placement. The accident happened while he was with the family that is filing. The filing step-parent holds the insurance for the minor child and they have paid 100% of the bills. Only the filing family... View More
answered on Aug 31, 2017
Your question is really two-fold. 1. Does a divorced parent have standing to sue on behalf of an injured child? And, 2. what damages are they entitled to be compensated? The answer to the first is yes, we call it a Rule 8 Claim. The answer to number two is not easily answered without knowing more... View More
If a combatant enters store is the store libel if I was shoot since I had to leave my gun in car and cant defend my self
answered on Feb 19, 2017
No. They aren't responsible for criminal conduct of others. THey might be if they let you in armed, you missed and hit a patron.
answered on Feb 17, 2017
It depends upon the damage to your property and whether it's worth pursuing a legal claim. More information is needed.
I ask if a Dr. would see me and why and the receptionist said Drs were booked and I would have to go to urgent Care so I drove myself there about 10 minutes away and they took me from there by ambulance to the emergency room should I see lawyer?
answered on Jan 11, 2017
While they did not follow protocols, unless what they did resulted in a serious problem, I don't see that there is a case--fortunately you got to the hospital before anything bad happened. However if you have a concern that heart tissue may have died in that time, contact a member of the Iowa... View More
When we asked the hotel for help paying the medical bills they said it wasn't their responsibility because they contract out for their cleaning and the cleaners weren't hotel employees. Is this true?
answered on Nov 4, 2016
The hotel's wrong. It's potentially liable for anything that happens on its property. The cleaning service might be liable too. Whether there's a case against either depends upon the specific facts of your husband's fall. To investigate this further, you'd need to... View More
My daughter is attending Frank L Smart in Davenport, Iowa. 6 Sep, she was forcefully shoved into lockers in the hall. 7 Sep, a boy hit her in the face with a closed fist and then ran away resulting in her nose being fractured (school determined accidental). 14 Sep she was sexually harassed by boys... View More
answered on Oct 18, 2016
You would want to contact an education law support center to find out what your options are.
Certainly, the school isn't providing a safe learning enviornment and maybe initiating an IEP process would be one avenue.
Even though this is the "Polk County" law center,... View More
Had a fall at a grocery store in early January. Nothing very traumatic, but there was a trip to the ER, and a day of paid time off I had to use as the doctor said not to move for a couple of days. The store's insurance company has come forward with an offer that does not quite cover all of my... View More
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answered on May 13, 2016
In most States and under most health insurance companies, there is a right of reimbursements if there are funds recovered by a third party or another insurance company. Your health insurance company may end up pursuing a claim or case for subrogation for the proceeds that you have received.... View More
answered on Nov 5, 2016
They can, but should they, probably not. Of course children seldom tell the entire story or accurately. I would not charge head-strong into the school planning on attacking the teacher. Instead I would suggest asking for a meeting to discuss the situation. I would listen with an open mind,... View More
answered on Jan 13, 2016
You son's lawyer should address this.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal... View More
He is 17yrs old, I am the custodial parent to my son. He was granted a settlement for his injuries, but being his mother why do I need to be appointed his conservator?
answered on Jan 13, 2016
Your child's settlements belongs to your child, not to you!!! You do not have a right to receive it!!!
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for... View More
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