Recent Blog Posts
How Does a Liability Waiver Affect My Personal Injury Claim?
A common barrier to personal injury claims in Iowa is the liability waiver. Everyone has come across one of these waivers at one time or another. It is basically a document that purports to absolve one party–usually the one that drafted the waiver–of any legal responsibility in the event the other party is injured…. Read More »
What Happens If I Wait Too Long to File a Personal Injury Claim?
There are many personal injury cases that effectively end before they even get started. A major reason this happens is the plaintiff waits too long to come forward and pursue their claim. For instance, many car accident victims do not realize there are strict time limits under Iowa law to sue a negligent driver… Read More »
Will Bankruptcy Prevent Creditors from Garnishing My Wages?
In a previous post, we explained some of the basics of Iowa’s bankruptcy exemptions, specifically as they applied to a debtor’s house and personal automobiles. But another common question we get is, “What about my weekly pay?” Many people file for bankruptcy protection because they fear their creditors may attempt to garnish their wages…. Read More »
The Importance of Proving “Causation” in Workers’ Compensation Cases
Workers’ compensation benefits in Iowa depend on “causation”–that is, whether or not you can prove that your injury arose out of your employment. The mere fact you are injured does not, in and of itself, establish causation. For example, if you suffer from a degenerative condition, the Iowa Workers’ Compensation Commission may determine that–not… Read More »
Can I Keep My House and Car If I File for Bankruptcy in Iowa?
The first question many clients ask us with respect to bankruptcy is, “Can I keep my house?” Or if they do not own a house, maybe they’ll ask about keeping their car or property necessary to run their business. Basically, there is a lot of confusion surrounding what property a debtor may keep when… Read More »
Can I See My Own Doctor If I’m Receiving Workers’ Compensation Benefits?
As a general rule, when you receive medical care for a job-related injury under workers’ compensation, your employer has the right to choose your doctors. There are, however, several exceptions to this rule. For instance, if you require emergency medical care and cannot immediately reach your employer, you are free to go to the… Read More »
Is an Iowa County Liable for Accidents Caused by Roadside Hazards?
If a private landowner places a hazard on their property that injured a third party, the victim typically may seek damages under the principles of premises liability. But what about hazards on land owned by the state or a municipality? In Iowa, the courts have long recognized a “public-duty doctrine,” which basically says that… Read More »
Is an Employer Responsible for an Auto Accident Caused by a Commuting Employee?
If you are seriously injured in an auto accident, you may be able to seek compensation against not only the negligent driver, but also their employer. Iowa courts generally permit such recovery under the legal principle of “respondeat superior,” which translates from Latin to mean “let the principal answer.” Basically, if the driver is… Read More »
Can I Receive Industrial Disability Benefits Even if My Doctor Claims I’m Fully Healed?
Many Iowa workers’ compensation claims involve short-term injuries where the employee is back at work within a few days or weeks. But if a workplace accident leaves you with an industrial disability–that is, a permanent injury to your “body as a whole”–you are legally entitled to permanent partial disability (PPD) benefits. The exact level… Read More »
When Can I Discharge a Student Loan in Chapter 7 Bankruptcy?
Chapter 7 bankruptcy is designed to give Iowa debtors a “fresh start” by discharging their legal obligation to repay most of their unsecured debts. Unfortunately, one of the biggest sources of personal debt–student loans–enjoys special protections under federal bankruptcy law. As a general rule, a debtor cannot discharge a student loan unless they can… Read More »
