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Personal Injury Law

Des Moines Personal Injury Lawyer

Commonsense analysis of Iowa personal injury law. Focused on the rights of the common working man and woman.
By Steve Lombardi, Esq.

Post Frequency: 17.4/day

Last Entry: March 31, 2010 at 07:01:00

Spinal Cord Injuries and Their Effects

Posted on May 29, 2008
We all know about the severity of spinal cord injuries and their likeliness to result in paralysis; what many people don't know is that, depending on the severity and location of the injury, the level of severity may vary. Approximately 10,000 individuals suffer spinal cord injuries each year, 82% of whom are males ranging from 16-30 years of age...

Nail Guns: Tools of the Trade

Posted on May 28, 2008
Like my friend and hard working weekend construction warrior who is a personal injury lawyer from Austin, Texas, Brooks Schuelke; I too worked construction summers while going to law school. It was long enough ago that we didn't have the luxury of nail guns...

Nail Gun Litigation - What's the Verdict on careless or inexperienced use?

Posted on May 28, 2008
As highlighted by our previous posts, nail gun injuries are becoming increasingly common, both at home and at the workplace. In fact, such injuries more than tripled between 1991 and 2005; as nail gun injuries become increasingly more common, so do the number of lawsuits dealing with them...

Nail It with Caution

Posted on May 26, 2008
As many already know, nail guns definitely have their advantages when it comes to quickening the pace of a construction project. They not only save on time, but also on labor and supplies. Thus, the reason it's the number one nailing device used in construction projects...

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Nail guns: useful tool or deadly weapon?

Posted on May 25, 2008
We all know the type - the guy who does everything for himself. He's independent and we all admire "Mr. Fix-It's" self-reliance; but perhaps we should take our honorific shades off for a moment and consider the risks he's posing not only to himself, but also to those around him (seriously, I'm speaking from experience here - those DIY tasks can be downright dangerous)...

Intersection collision claims another bikers life in Iowa. Iowa DOT needs to come up with a better plan.

Posted on May 24, 2008
I see that Craig Kelley of Omaha has posted about the latest motorcycle wreck in Iowa. After reading his post I wondered why it takes so long for the Iowa DOT to approve a stop sign being added to an intersection. I'm not criticizing the Iowa DOT; I'm asking a question our legislature should be answering...

Motocycle accident injuries and what can happen

Posted on May 24, 2008
The Quad-City Times has an interesting article about a motorcycle accident crash and the injuries suffered by a 48-year-old female passenger. Here is how it is described: "The 48-year-old has had a half-dozen surgeries since the March 28 wipeout in Fort Madison...

Why wouldn't a lawyer comment about his client's lawsuit settlement?

Posted on May 23, 2008
There are several reasons lawyers won't comment on the terms of a settlement, the main one being a confidentiality clause being one term of settlement. It's not uncommon for companies who pay damages as part of a settlement to require the parties receiving the money to remain hush-hush about it...

Who should be concerned with Heparin?

Posted on May 22, 2008
It's being reported that US deaths from Heparin continue to climb. It's worth revisiting this subject to warn who should be concerned about this issue. If you don't know what Heparin is used for or want general information concerning the drug go to the InjuryBoard link or the Jane Akre's discussion...

What length of prison sentence does a driver operating drunk get for causing a death?

Posted on May 21, 2008
In this instance a Tama man was sentenced to 15 years. The accident or crash caused injury to three other people along with the death of one person. The driver was 21 years old. All of the injured were passengers in his car. The driver plead guilty to vehicular homicide and serious injury by vehicle...

Crane topples onto railroad tracks in Iowa along I-80

Posted on May 21, 2008
This is a work related accident that demonstrates several issues surrounding personal injury and how the law weaves a common thread between workers' compensation and personal injury. The Kansas City Star on its dot.com website reported a crane toppled onto a railroad track in Iowa killing the 27 year old crane operator...

Why in a medical malpractice case wouldn't a lawyer comment about the settlement?

Posted on May 21, 2008
There are several reasons lawyers won't comment on the terms of a settlement, the main one being a confidentiality clause being one term of settlement. It's not uncommon for companies who pay damages as part of a settlement to require the parties receiving the money to remain hush-hush about it...

Sources of information for brain injury

Posted on May 20, 2008
Where can you go for information about traumatic brain injury also known as traumatic brain damage? Here is a list. Organizations Acoustic Neuroma Association600 Peachtree ParkwaySuite 108Cumming, GA 30041info@anausa.orghttp://www...

Contaminated Food Question Demonstrates the Elements of a Tort Case

Posted on May 19, 2008
This set of facts demonstrates two of the four parts of every tort case - liability, breach of liability, proximate cause and damages. In any tort case you need to prove all four parts. It also demonstrates the legal principle that the law expects us all to protect ourselves...

Motorcycle Safety Tips for Riders and Car-Truck Drivers

Posted on May 18, 2008
Know yourself and that being a caring human being doesn't allow you to react or to anticipate every single mishap that can cause injury to your brain. In this instance a car being driven by Jim Hartman of Lake Panorama, stopped at an intersection like he's probably done a thousand times...

Two motorcycle riders, not wearing helmets collide and are injured

Posted on May 17, 2008
I've been told that in real estate the three most important features to look for in a buy position are location, location and location. In motorcycle riding it should be helmets, helmets and helmets. Of course wearing a helmet is a choice, at least it is at this point, but not wearing a helmet while riding on a rural road can be risky business...

ATV Accidents - An Introduction to the challenge of ATV safety

Posted on May 16, 2008
ATV safety is a concern when we discuss brain damage and youthful exuberance. Damaging the brain causes long term problems that may not be readily apparent. So how do the numbers stack up for the normal way in which we measure the risk? How many deaths are there from ATV accidents?The Consumer Product Safety Commission (CPSC) reported the statistics for ATV wrecks in 2005...

PTSD - Genetic Link

Posted on May 15, 2008
Post traumatic stress disorder or PTSD has a genetic code that makes certain individuals more susceptible than others to stress related disorders. Scientists have identified a gene with the genetic code that makes people more susceptible to PTSD or post traumatic stress disorder...

What if looting your retirement accounts weren't a crime?

Posted on May 14, 2008
Would you be mad if looting your retirement accounts weren't a crime? We can all agree there are too many crimes being committed. The past several years the numbers of Wall Street scams that essentially rob your retirement savings have increased. Well, what if those on Wall Street said, "There are too many lawsuits and criminal charges being filed against stock analysts, CEO's and it's not good for the country...

Iowa Workers' Comp - What kinds of death benefits can you get?

Posted on May 14, 2008
Under Iowa law what benefits are dependent persons, (a wife or husband or child, entitled to following a work related death? Death benefits are covered under Iowa's workers compensation laws. Specifically they are covered under 85.28, 85.29 and 85.31...

Motorcycle Deaths - Iowa has less than 5 per 10,000 registered bikes

Posted on May 13, 2008
After 26 years of practicing law in the personal injury area I feel comfortable saying that motorcycle wrecks and accidents that cause traumatic brain injury leave broken homes and ruined marriages in the wake. Be mindful of the risks and insure your family's standard of living just to be safe...

Taser Reports - Dudley Do-Right Doing it Wrong

Posted on May 12, 2008
Dudley Do-Right would be so ashamed of his Canadian brothers and sisters that make up the Canadian police force. From current reports the force is redacting detail from their reporting about the use of Taser weapons. One has to wonder if the same end run is being made in American...

Backing up your hard drive - Red Tape Chronicles

Posted on May 11, 2008
Raelyn Campbell's lawsuit against Best Buy demonstrates another problem with Apple's iTunes back-up system. Just like Best Buy's extended warranty, the iTunes back-up system is designed to fail and they know it so they hit you with that warning to back up on CD's because when it fails they intend to blame the consumer...

Car Impounded - How long can they keep it before it goes up for auction?

Posted on May 10, 2008
How long can they keep my car in impound before sending it to auction?Question: How long can a car be in impound before it is auctioned off?Well this is a tough question to answer because it's too unspecific. Depending upon the situation and who impounded the car, the rules can be very different...

knologies did you scrape this post off of InjuryBoard.com and Steve Lombardi's Des Moines Post?

Posted on May 09, 2008
This post is about knologies and whether knologies actually writes original content or is scraping it from my own. What do you think? You be the judge. I'm writing this post at 10:55 A.M. Iowa time on May 9, 2008. Is the LegalMatch business name under this post title referring you to them for business? Normally when the knologies posts one of my writings, without permission, it or he or she changes the date to the day before my post was published...

Iowa Work. Comp. - Ganging up on an injured worker is a safety issue for management.

Posted on May 09, 2008
In a post today out of Chicago, Nick Avgerinos discusses worker safety incentive programs and how they can clash, by pitting worker vs. co-worker. I've seen this first hand in a workers' compensation case in Iowa. The employer had a profit sharing plan in the Ottumwa Plant...

Farm related work deaths analyzed

Posted on May 09, 2008
Seventy-nine workers suffered a traumatic death while working in Iowa during 2007 according to the Iowa Fatality Assessment and Control Evaluation program, called IA FACE, based at the University of Iowa College of Public Health in Iowa City. That figure is close to the average number of worker deaths for the past 10 years...

Iowa Work Comp - Am I entitled to be paid more permanent partial disability benefits?

Posted on May 08, 2008
Facts: I'm often asked by a worker who is injured at work if they are entitled to additional permanent partial disability benefits if after going back to work they reinjure the same extremity. In this case the question was posed by a worker who suffered an elbow injury and was assigned a diagnosis of cubital tunnel syndrome...

Iowa Auto Accidents - Should the car be repaired or totalled?

Posted on May 08, 2008
Following a wreck the insurance company wants to total the car but the client wants to have it repaired? What should it be repaired or totaled? What will the lawyer need to review in order to answer this question? Here is the rub for the client. The client of course may only be able to pay off the loan based on what the insurance company offers to pay...

How inducing hypothermia treats SCI

Posted on May 07, 2008
As has been discussed in our previous posts, spinal cord injuries are severe and affect much more than just the specific location where the injury is incurred. Such injuries can have a great many effects on the body, one of which is the reduced ability to regulate body temperature...

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