Recent Blog Posts
How Will Filing for Bankruptcy Affect My Divorce?
Married couples have the option of filing for bankruptcy together. This enables both spouses to deal with any joint or marital debts in a single bankruptcy proceeding. But individual spouses can also file for bankruptcy without the other partner. So what happens when one spouse files for bankruptcy and the couple later divorces? Iowa… Read More »
Loss-of-Use Damages Following a Car Accident
If your car is totaled in an auto accident caused by another person’s negligence, you obviously can seek damages for the replacement cost of your vehicle. But you may also be entitled to additional damages for the “loss of use” and out-of-pocket expenses related to your car. Under Iowa law, loss-of-use damages are available… Read More »
Does Workers’ Compensation Cover Me If I’m Injured While Traveling in My Own Car?
The normal rule when it comes to workers’ compensation benefits in Iowa is that you are covered for injuries that occur while you are “coming and going” to work. That is to say, if you are in an auto accident while commuting to your job in the morning, your employer does not have to… Read More »
How Can Iowa’s “Comparative Fault” Rule Affect the Outcome of a Personal Injury Lawsuit?
Iowa follows a modified comparative negligence rule in personal injury cases. What does this mean in practice? Basically, if two drivers are involved in an auto accident, and one driver ends up suing the other for damages, the judge jury has to apportion relative fault between the two parties. The plaintiff driver can then… Read More »
When Does an Iowa Employer Have to Pay “Penalty Benefits” in a Workers’ Compensation Case?
Workers’ compensation is supposed to ensure employees receive timely medical and wage replacement benefits if they are injured on the job. To facilitate this goal, Iowa law authorizes the workers’ compensation commissioner to award “penalty benefits” to an employee if there is a “denial, a delay in payment, or a termination of benefits” made… Read More »
Can My Spouse & I Discharge Our Student Loans in Chapter 7 Bankruptcy?
Many Iowa couples struggle to make ends meet while also repaying their outstanding student loan debts. Unfortunately, federal bankruptcy laws make it difficult to discharge such debts in bankruptcy. That is not to say student loan debt is never dischargeable–rather, it means the burden is on the debtor to show it would be an… Read More »
Do You Have Uninsured Motorist Coverage?
If you are seriously injured in an auto accident, you have the right to sue the negligent driver for damages. But what if the driver has no insurance, or their coverage is not sufficient to compensate you for your injuries? In such situations, you may be able to turn to your own auto insurance… Read More »
What Happens When a Creditor Ignores a Chapter 7 Bankruptcy Discharge Order?
Chapter 7 bankruptcy is designed to allow Iowa residents and businesses to discharge their outstanding debts. A discharge means the debtor is legally released from any further obligation to pay the debt. Just as important, the discharge also prevents a creditor from taking any further legal action to collect the debt. If the creditor… Read More »
What Happens When an Iowa Jury Returns an Incomplete Verdict?
In an Iowa personal injury lawsuit, the plaintiff is entitled to a trial by jury. This means the jury is charged with deciding who is legally responsible for the underlying accident. If there are multiple defendants–or if the defense maintains the plaintiff’s actions contributed to the accident–it is also up to the jury to… Read More »
Can Iowa Workers Sue a Workers’ Compensation Claims Administrator for Acting in “Bad Faith”?
Iowa courts have long permitted “bad faith” lawsuits against insurance companies with respect to first-party claims. That is to say, if your insurance company arbitrarily denies a valid claim that you file, you can sue the insurer for damages. In this sense, a bad-faith claim is a type of tort or personal injury case…. Read More »
