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Iowa Questions & Answers
1 Answer | Asked in Car Accidents for Iowa on
Q: im am in iowa and stopped at a stopsign and then looked left and pulled out and hit the car in front of me.
Tim Akpinar
Tim Akpinar answered on Aug 3, 2020

An Iowa attorney could answer best, but your question remains open for five weeks. As a general matter, these facts may not be in your favor, given the fact that you had a stop sign. By now you must have contacted your insurance carrier if the other vehicle's operator and passengers brought... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Iowa on
Q: how long after my promise to appear is my tral?

my charges are all drug related misdemeanors and i have no record.

Benjamin Kohn
Benjamin Kohn answered on Jul 11, 2020

Although you have a right to a speedy trial (though even what that's been held to constitute is going to be different due to Covid, as is when a trial can be scheduled), which in ordinary times without a pandemic would require extremely good cause to be longer than a set number of days... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Iowa on
Q: I got a citation in Iowa for not stopping and yielding to the right of way

And my vechile had no AC and I left from a different state from a Abusive spouse and dealing with a divorce and with me driving trying to figure out we’re to go I see a stop sign brake and my brakes squeak and I drift into the right of way car and he hits me totaled my vechile and I feel I was... Read more »

Benjamin Kohn
Benjamin Kohn answered on Jul 11, 2020

It sounds like you have at least three issues: (1) civil fault for the accident; and (2) the two simple misdemeanor traffic charges for disobeying the stop sign and for failing to yield; and (3) being a victim of domestic abuse.

While I can't provide legal advice based on such an...
Read more »

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 Divorce and Social Security for Iowa on
Q: I want to separate from my husband, or divorce but I'm also trying for ssdi. I don't know if it will effect income.

so I'm wondering if applying for ssdi, should I bother separation or just go for divorce? I have no income myself. My husband makes the money.

Emmett B. Irwin
Emmett B. Irwin answered on Jun 26, 2020

SSDI generally does not have income or asset limits, so it generally doesn't matter whether you're married, separated or divorced. But you have to have been working and paid payroll taxes for 5 out of the last 10 years before you became disabled to technically qualify for SSDI.

1 Answer | Asked in Uncategorized for Iowa on
Q: Odd question. But can a minutes taker for city council meetings hold another position for the city in Iowa?
Tim Akpinar
Tim Akpinar answered on Jun 24, 2020

An Iowa attorney could advise best, but your post remains open for a week. It could depend on the rules or by-laws of the city council. Additionally, some public positions require disclosure of outside employment. These situations can sometimes be fact-specific. Does your attendance at meetings... Read more »

1 Answer | Asked in Car Accidents for Iowa on
Q: An uninsured 17 year old motorist hit my car and caused $1,000 damage. Do I sue the child or the parent?

The car is registered to the child. They verbally agreed to pay to have my repairs made but I sent copies of the invoices and they won’t pay. I have a copy of the police report and a witness stating it was the kid’s fault. She also fled the scene but I caught up to her and called the police.... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Jun 19, 2020

You file an accident report with the Iowa DOT Motor Vehicle Division explaining there was an collision and explaining why, factually, the other driver was at fault. If they agree with you, then the IA-DOT contacts her and if she does not pay for your damages they take away her driver's... Read more »

1 Answer | Asked in Products Liability for Iowa on
Q: Airbag recall

Had an appointment to get it fix. They canceled cause it's still pending.

Tim Akpinar
Tim Akpinar answered on Jun 18, 2020

An Iowa attorney could advise best, but your post remains open for two weeks. It's difficult to speculate why the matter might still be pending after a major recall notice. Unless COVID-19 might have had a role because many facility's are short staffed these days, it's anyone's... Read more »

1 Answer | Asked in Civil Rights for Iowa on
Q: Is our American civil rights being violated if we are required to wear a mask at work
Tim Akpinar
Tim Akpinar answered on Jun 14, 2020

An Iowa attorney could answer your question best, as it could also involve elements of state constitutional or employment law. But as a general matter, such safety measures are being upheld on the basis of protecting public health.

Tim Akpinar

1 Answer | Asked in Real Estate Law for Iowa on
Q: If I sign a quick claim deed. Can they sell the property if there is still a mortgage on it?
Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2020

Not sure of your question. But it sounds like you are trying to convey your interest by Quit Claim Deed to the grantee subject to the mortgage. Unless the grantee assumes the mortgage, he is not personally obligated on the note debt, but the property is the collateral subject to foreclosure. And... Read more »

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...
Read more »

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 Copyright, Communications Law and Trademark for Iowa on
Q: I have an idea for how to reboot a show. How much of the original can I use in my rewrite?

I want to pitch it to the copywrite owner. I want to use character names, places, descriptions etc.

Barbara Berschler
Barbara Berschler answered on May 18, 2020

You are going to need to have permission from the copyright owner to make your derivative work. You may want to work through an attorney who could act as intermediary between you and the copyright owner to pitch your concept. The attorney would be in a good position to figure out with you the... 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 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 Juvenile Law for Iowa on
Q: Can a 17 and 20 year old date?

I live in Iowa, I’m a 17 year old female and want to date and possibly have sexual relations with a 20 year old male. is this legal?

Gabriel A Watson
Gabriel A Watson answered on Apr 28, 2020

The Age of Consent in Iowa is 16 years old.

In the United States law, the term "Age of Consent" describes the age at which an individual, male or female, is considered legally of age to consent to participation in sexual activity. This means that individuals less than...
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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 Divorce, Estate Planning and Family Law for Iowa on
Q: Does my ex have any entitlement to my inheritance if we have been divorced for four years? We were married for 20 years.
Nina Whitehurst
Nina Whitehurst answered on Apr 16, 2020

No. Your ex would not have any entitlement to your inheritance even if you were still married. However, if you still owe your ex anything for support or division of property or anything like that, your inheritance will be a collectible asset if it is given to you outright. If your inheritance... Read more »

1 Answer | Asked in Bankruptcy for Iowa on
Q: wondering if bankruptcy is the best option for me at this point
Timothy Denison
Timothy Denison answered on Apr 5, 2020

Schedule a consult with a bankruptcy attorney who can evaluate the financial situation and answer your question.

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