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Iowa Personal Injury Questions & Answers
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... View 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,... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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:... View 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... View 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... View 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...
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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... View 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,... View 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... View More

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1 Answer | Asked in Personal Injury and Sexual Harassment for Iowa on
Q: Should I sue the School Board?

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

Peter N. Munsing
Peter N. Munsing
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,...
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1 Answer | Asked in Personal Injury for Iowa on
Q: Will my insurance company want reimbursement for a fall where a business was at fault?

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

David Alan Wolf
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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

1 Answer | Asked in Personal Injury for Iowa on
Q: Do I have to be appointed a conservator for my own child to receive his injury settlement

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?

Adam Studnicki
Adam Studnicki
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...
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1 Answer | Asked in Personal Injury and Car Accidents for Iowa on
Q: My son was in a car accident he is 17, we settled for $21,423. As his mother does law say I can't be the conservator
Adam Studnicki
Adam Studnicki
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...
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