Recent Blog Posts
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 »
Will Filing for Bankruptcy Give Me More Time to Get My Home Out of Foreclosure
Filing for Chapter 13 bankruptcy can help you in keeping secured assets such as your home or other real property with an outstanding mortgage. Keep in mind, even a successful Chapter 13 bankruptcy will not eliminate your mortgage debt. But filing for bankruptcy does impose an “automatic stay” that gives you a certain amount… Read More »
Does Iowa Workers’ Compensation Cover Out-of-State Injuries?
You probably know that if you work for an employer in the State of Iowa and are injured on the job, you are entitled to receive workers’ compensation benefits. But what if the actual work-related injury occurs outside of the state? Can the employer get out of paying you based solely on where you… Read More »
What Happens When You Negotiate an Auto Accident Settlement with a Negligent Driver’s Insurance Company?
If you are injured in an auto accident caused by someone else’s negligence–say, a driver runs a red light and hits your car–Iowa law allows you to seek compensation for your damages. In many cases, this means dealing with the negligent driver’s insurance company. These insurers are often quick to offer a settlement, which… Read More »
