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Iowa Personal Injury Questions & Answers

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 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 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 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 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 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 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 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 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 your underinsured motorist... 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 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 turn... 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 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 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 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, and... Read more »

1 Answer | Asked in Landlord - Tenant and Personal Injury for Iowa on

Q: How do I find out if I have a qualified personal injury to tenant on property resulting in broken and no income fortenat

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 fallen... Read more »

Stephen Douglas Lombardi 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... Read more »

1 Answer | Asked in Personal Injury for Iowa on

Q: Can a step-parent along with a custodial parent file a personal injury claim on behalf of the minor children?

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 has... Read more »

Stephen Douglas Lombardi 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... Read more »

1 Answer | Asked in Real Estate Law and Personal Injury for Iowa on

Q: Someone entered my land and fell into a whole I had dug for plantation and broke his leg and now he is suing me?

Stephen Douglas Lombardi 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 lawyers... Read more »

1 Answer | Asked in Civil Litigation, Insurance Defense, Collections and Personal Injury for Iowa on

Q: Does Iowa have a code for time it takes the defendant’s insurer to issue the settlement check.

Stephen Douglas Lombardi 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... Read more »

2 Answers | Asked in Consumer Law, Personal Injury and Products Liability for Iowa on

Q: Bed bug infestation from rental furniture do I have a case

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... Read more »

Peter N. Munsing 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.

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3 Answers | Asked in Personal Injury for Iowa on

Q: My vehicle was rear ended and I have received two tears in my rotator cuff area that will require surgery. should i get

a personal injury lawyer or settle with my insurance company?

Harley C. Erbe 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:... Read more »

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1 Answer | Asked in Personal Injury and Landlord - Tenant for Iowa on

Q: Can a company go against doctor order for the air conditioner

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... Read more »

Peter N. Munsing 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.

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