Recent Blog Posts
Proving Negligence for a Fatal Car Accident
Losing a child in an auto accident is a parent’s worst nightmare. It is therefore understandable that the grieving parents want to hold a negligent driver responsible. But it’s important to understand that it is evidence, not grief, that decides a personal injury lawsuit in Iowa. And even when the victim is no longer… Read More »
Does Filing for Chapter 13 Bankruptcy Mean I Get to Keep My House?
Perhaps the most common question we get about bankruptcy is, “Can I still keep my house?” The answer to this depends on a number of factors. For example, if you have a mortgage and are behind on your payments, filing for bankruptcy will temporarily halt any foreclosure action. And with a Chapter 13 bankruptcy,… Read More »
Who Pays My Workers’ Compensation Claim If My Employer Is Sold to Another Company?
Just about every Iowa employer is required to carry workers’ compensation insurance. This is supposed to ensure that injured employees have access to medical benefits and compensation for lost wages in the event of a work-related accident. Unfortunately, sometimes it’s not entirely clear who owns a given employer, especially if the corporate entity has… Read More »
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 »
