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Iowa Personal Injury Questions & Answers
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 »

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... Read more »

Stephen Douglas Lombardi
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... Read more »

Stephen Douglas Lombardi
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
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... 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
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
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
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
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.

1 Answer | Asked in Products Liability and Personal Injury for Iowa on
Q: I have a horse that was injured at a horse show in the wash racks. There was a sizeable drain cover that moved.

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... Read more »

Peter N. Munsing
Peter N. Munsing 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...
Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Iowa on
Q: My car fell off tow truck because they didn't hook up correctly. The car hit me should i sue
Stephen Douglas Lombardi
Stephen Douglas Lombardi 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.

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1 Answer | Asked in Criminal Law and Personal Injury for Iowa on
Q: I have c.c.w. for handgun if I enter a place gun free zone if I leave my weapon in car

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

Peter N. Munsing
Peter N. Munsing 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.

2 Answers | Asked in Personal Injury, Municipal Law and Real Estate Law for Iowa on
Q: What do you do if a neighbor applies chemicals to your property after you have told him not to
Harley C. Erbe
Harley C. Erbe 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.

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Iowa on
Q: I went to pick up a prescription from doctors office for my meds when I got there I was having chest pains and arms hurt

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?

Peter N. Munsing
Peter N. Munsing 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... Read more »

1 Answer | Asked in Juvenile Law, Education Law and Personal Injury for Iowa on
Q: Can a school official grab the hood of your childs coat and throw them down to the ground causing a head injury?
Stephen Douglas Lombardi
Stephen Douglas Lombardi 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,... Read more »

3 Answers | Asked in Personal Injury for Iowa on
Q: My husband slipped and fell on a wet floor at the hotel we were staying at. He broke his elbow.

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?

Harley C. Erbe
Harley C. Erbe 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... Read more »

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