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Iowa Personal Injury Questions & Answers
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... Read more »

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1 Answer | Asked in Criminal Law and Personal Injury for Iowa on
Q: On May 25, 2018 someone opened a car door into my daughter's lane of traffic causing her to hit the door resulting death

Is it too late to proceed in a criminal case against the person that opened the door

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Jun 1, 2020

There is no way to answer your question. Only prosecutors have the power/authority to file criminal charges. You can file a report with the police, but only a prosecutor has the discretion to bring charges.

Has an estate been opened? The estate has the right to bring the action.

If...
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1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for Iowa on
Q: can you be charged with anything if you ask someone you ask to come to see you get in an accident

if you asked someone to come and see you and they refuse to let you pick them up and instead they take public transportation and then get into an accident are you responsible to help pay the medical bills and if you don't can they charge you with anything?

Tim Akpinar
Tim Akpinar answered on May 29, 2020

An Iowa attorney could answer your question best, but your post remains open for two weeks. As a general matter, it seems unlikely that criminal charges would stem from such a scenario, unless there are factors not mentioned, such as allowing a small child to fend for themselves on public... Read more »

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 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 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.

2 Answers | Asked in Criminal Law, Personal Injury, Domestic Violence and Sexual Harassment for Iowa on
Q: What exactly is slander or deformation of character? Can I be sued if what I'm saying is absolutely true?
William Jaksa
William Jaksa answered on Oct 14, 2019

It varies from jurisdiction to jurisdiction and can vary from one situation from another. Simply put it is a false statement that hurts a person's reputation. You are allowed to express an opinion and you are allowed to state facts - everything else is a grey area. Yes, you can be sued even if... Read more »

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1 Answer | Asked in Personal Injury for Iowa on
Q: I was in a car accident and I had to have surgery on my elbow and arm now trying to get my movement back and strength

I am in therapy and the other driver ran a stop sign

Tim Akpinar
Tim Akpinar answered on Oct 11, 2019

There wasn't a question here. If you're wondering about your legal rights or what you should do, you're probably already aware that contacting an Iowa personal injury attorney would be a good first step. Most attorneys offer free initial consults on such cases. Based on your... Read more »

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 Personal Injury and Products Liability for Iowa on
Q: After wearing my brand new,name brand, snow boots shoveling for 2hrs. I noticed there were lumps on my Achilles tendons.

2 years later having to have surgery from the plastic or metal piece holding the shaft up, rubbed my Achilles tendons to shred. Never wore boots again. Can I sue boot company for this happening to me.

Tim Akpinar
Tim Akpinar answered on Dec 21, 2018

You could consult with an attorney in Iowa who could examine further details about the boots and whether they were defectively designed or manufactured. Anyone can sue, but with additional information, an attorney might be able to advise you more meaningfully as to the merits of pursuing such a... Read more »

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?

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Oct 7, 2018

That's a difficult question to answer without having more information about the accident and without being able to read the accident report from the police department that investigated the accident. I will be in the office after 2:30 Pm today if you would like to discuss the situation.

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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 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.).... Read 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.

1 Answer | Asked in Insurance Defense and Personal Injury for Iowa on
Q: Son snuck out of ex mother-in-law is home and was seriously hurt can I sue her homeowners insurance
Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Apr 7, 2018

Maybe. The claim would be failure to properly supervise a minor, assuming your son is still a minor. The claim would be brought by you for medical expense, permanent injury, wage loss (perhaps), reduced earning capacity along with pain/suffering. Of course this answer is so general that it is... Read more »

3 Answers | Asked in Personal Injury for Iowa on
Q: If the police don't file charges ,could i still sue for personnal injurys

My boy and his wife were jumped leaving a bar. My son has a broke jaw in 3 places and his wife has a broken arm. The police have not filed charges because they say there is conflicting stories.

Harley C. Erbe
Harley C. Erbe answered on Feb 2, 2018

You, and your family, can still sue. Claims would be available against the perpetrators of the attack and the bar. Contact an attorney for a full review of both possible claims.

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3 Answers | Asked in Personal Injury for Iowa on
Q: The lady who was at fault only carried the min insurance. Can I sue the insurance company for more?

I was in an auto accident back in March 2017. My back was hurt very badly. I'm still getting treatment and nothing has been helping. It is possible that I will have this pain for the rest of my life. The lady was at fault and was only insured for $20,000. I do have underinsured insurance. My... Read more »

Harley C. Erbe
Harley C. Erbe answered on Dec 18, 2017

You'd have to make a claim through your underinsured motorist coverage. That's what the underinsured coverage is there for. The other driver's insurer isn't obligated to pay more than its coverage limits, so it appears that her insurance has been exhausted. You'll have... Read more »

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1 Answer | Asked in Personal Injury and Workers' Compensation for Iowa on
Q: Injuried my knee at work and been having pain for the past two months. Filled out work comp forms on Oct 12 and release

medical form. I still have not received medical care approval. Is this a reasonable time to wait?

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Dec 17, 2017

No. It is not a reasonable time to wait. Changes were made to the workers' compensation laws effective on July 1st, 2017 and it will get harder and harder for injured workers to hire lawyers. Your claim is essentially been denied so you should not have a problem finding a lawyer. You need to... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Appeals / Appellate Law for Iowa on
Q: How do I reopen a closed case if I remember how it went down? I was 3 but it came to me randomly like a few months ago.

Saw and remember what he said and did. And watch the fire burn. It's more like an attempted murder but there's arson and deceit. Been doing research on it since but not really sure how to go about it

Peter N. Munsing
Peter N. Munsing answered on Oct 31, 2017

Talk to the police. They may have a "closed case" unit.

1 Answer | Asked in Personal Injury for Iowa on
Q: Hi I live in Iowa and my employer is from Iowa but the company he has his trucks leased to is from South Dakota .

My injury occurred in Arizona While I was about to load my trailer I hurt my back then and my leg kicked out. Do I use an attorney in Iowa where I live or South Dakota where the carrier is located?

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Oct 14, 2017

It appears you likely have a claim subject to Iowa and an Iowa lawyer would probably handle it. From the question number one seems to be true. From the little information provided I am uncertain if number two is also true. I know you live in Iowa. Do you regularly work in Iowa? Do you drive across... Read more »

1 Answer | Asked in Personal Injury, Employment Law and Workers' Compensation for Iowa on
Q: Minor injured at work

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... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi 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,... Read more »

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