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Personal Injury Law

Des Moines Personal Injury Lawyer 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

Recent Entries: 1199

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Who or what is knologies?

Posted on April 15, 2008
I've become familiar with someone or something going by the name of "knologies". Not because I want to become familiar but because I have to become familiar. I'm tracking his postings and he is obviously tracking mine. So why are we playing this cat and mouse game? I'm motivated because some of these postings are identical to what I've written weeks ago and recently posted online...


School bus accident reminder, be safe not sorry

Posted on April 15, 2008
The Des Moines Register reports on a van crashing into a school bus sending the driver and four children to an area hospital. Bus accidents can cause hidden injuries to children that parents and doctors find difficult to see. We recently represented several children involved in a bus accident...


State Holds Tax Refunds To Collect Overdue Court Fines And Fees

Posted on April 14, 2008
Des Moines, April 14, 2008 - Not everyone will get the Iowa income tax refund they expect this year.  Some Iowans may get a letter from the Department of Revenue and Finance stating that part or all of their state income tax refund is being withheld to pay their overdue fines, fees, and other court debts...


Cell Phones: What to Do In Case of an Accident

Posted on April 14, 2008
What if you're involved in an accident and suspect the other driver was using a cell phone? What should you do? The first thing I would suggest is to remain calm while you plot your strategy. Note the time of the crash. Look at your watch and make a mental note of the time or write it down...


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Cell Phones: Iowa Proposes Cell Phone Legislation

Posted on April 13, 2008
...do wireless headsets and other hands-free devices really present a decreased risk? Research points to "No." Studies have also indicated that, regardless of age or experience, all drivers demonstrate decreased capabilities when talking on a cell phone...


Medical Mistake Led to Abortion, Lawsuit Filed

Posted on April 12, 2008
A woman has filed a lawsuit against the Iowa Methodist Medical Center because she says that a medical mistake caused by the hospital led to her have an abortion. Kristy Oswald claims that hospital employees did not tell her a test showed she was pregnant...


Iowa Drunk Driving and the National Trends

Posted on April 12, 2008
Did you know that,--In the U.S., someone is killed in an alcohol-related accident about every 30 minutes. --Roughly one-third of all drivers arrested or convicted of driving while intoxicated or driving under the influence of alcohol are repeat offenders...


Who should be concerned with Heparin?

Posted on April 11, 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...


Cell Phones: INTOXICATION V. IN-TEXT-ICATION - Which is worse?

Posted on April 11, 2008
The consequences for using your cell phone while driving? None. Zip. Nada. That's right, folks. Never mind the statistics; the equally impairing act is not yet punishable by law.We ended the previous post with a seemingly bold statement: "Using a cell phone while driving is comparable to driving while intoxicated...


Cell Phones: Motor Vehicle Crashes Leading Cause of Teen Deaths, But Who (or What) is to Blame?

Posted on April 10, 2008
Did you know that teens are four times more likely than a 65-to-69-year old to get in a serious car wreck? Did you know this number is increasing and that the reasons are as clear as the coined phrase: "Can you hear me now?"Its official: the Department of Health and Human Services has released a fact sheet stating "motor vehicle crashes are the leading cause of death for U...


Heparin Deaths On The Rise - Kidney Dialysis , Heart Surgery and blood cell treatment, photopheresis, Patients Beware!

Posted on April 09, 2008
Today it's being reported that US deaths from Heparin use have climbed to 62. 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. She's done a very good job of boiling the controversy down to its essence...


Inadvertent Disclosures - Part IV - Metadata mining can mean mega-trouble.

Posted on April 09, 2008
What is metadata and why is it important? Metadata is data about data. It's hidden behind what you see on your computer screen as you look at or type in a document. When you use a similar document from another case and don't scrub-out the metadata, the new document may very well include information from the first case...


Inadvertent Disclosures - Part III - How can we make them secure?

Posted on April 08, 2008
Some security measures are as simple as physically destroying old hardware. (i.e., Like smashing a cd with a hammer or drilling holes in a hard drive.) Others require ongoing monitoring and secure admission procedures. Still other's touch on the human factors, like hiring the right people and then making sure they adhere to security measures, firm procedures and policies...


Inadvertant Disclosure in the Electronic Age - The Attorney Client Privilege

Posted on April 07, 2008
Part I - THE ATTORNEY CLIENT PRIVILEGE - What is the attorney-client privilege? The attorney-client privilege is the law that protects communications between a client and his attorney and maintains it as confidential. The basis of the privilege is to allow an open, honest and thorough disclosure of all relevant facts to the attorney...


Inadvertant Disclosures - Part II - The lawyer's obligation

Posted on April 07, 2008
What is the lawyer's obligation with respect to information that is protected under the attorney-client privilege?The lawyer's obligation is to not disclose the information unless waived by the client or compelled by a Court or the rules of ethics. Iowa Code 622...


Sensitive Electronic Communications - Introduction - So what's the big deal?

Posted on April 06, 2008
How with electronic communications is the attorney-client privilege breached?As we can surmise, even an inadvertent disclosure can at best lead to embarrassment for the client and at worse criminal charges. Electronic communications take place by any number of methods and any one of them can lead to an inadvertent disclosure...


Email flub causes a ruckus, and it should.

Posted on April 05, 2008
Electronic communications are easily sent to the wrong person. Information not intended for the recipient can be in advertently and unknowingly broadcasted. This subject is of critical importance to lawyers but it applies to many other professions. Journalists, judges, court personnel, governmental employees, private investigators, corporate communications and any other person communicating sensitive information to an intranet or Internet should be concerned and review how they transmit information...


Iowa Workers Comp - Case Mis-Managers, Secret Spies for the Insurance Companies

Posted on April 04, 2008
Nick Avgerinos, from Chicago has a post today about case managers in work comp. cases. It's a good post. I'd like to bluntly expand on it a little. Let's face facts, the Case Manager in a workers' compensation case is not on your side and never will be on your side...


The Money Crisis - The Bush Administration and Tort Deformers at Work and Taking Advantage of One More Opportunity

Posted on April 03, 2008
Gee-Dubbya is at it again with his Treasury Secretary's latest proposal for "reforms to protect the financial system". Tort deform is lurking undercover in Paulson's Financial Deform. Just when they think we are distracted with the economic havoc of the sub-prime mortgage melt down here comes Paulson with deform put forward as "reform" measures...


Wrongful Birth or Life or Pregnancy or Conception, Is there a difference?

Posted on April 01, 2008
I've been asked about pursuing a medical malpractice claim against a doctor who failed to properly perform a sterilization procedure for the patient who later became pregnant. The client wants to know, do I have a claim for wrongful life? Some would frame it wrongful pregnancy or wrongful conception or wrongful birth...


Schehr Pleads Found Guilty of Homicide by Intoxication

Posted on April 01, 2008
Facing a 25 year prison term and a $100,000 fine Darcy L. Schehr was reported to have plead no contest to charges of homicide by intoxication in the accident that took the life of Daniel Christ. Christ was struck head-on while riding his motorcycle on July 15, 2007...


Wrongful Birth or Life or Pregnancy or Conception, Is there a difference?

Posted on April 01, 2008
Sterilization techniques improperly performed can lead to an unplanned pregnancy with costs the family is incapable of managing. Is there a negligence claim against the physician who performed the procedure? When the baby is born healthy or normal the claim is one for wrongful pregnancy or wrongful conception and there is no claim in the majority of states...


Schehr Pleads Found Guilty of Homicide by Intoxication

Posted on April 01, 2008
Facing a 25 year prison term and a $100,000 fine Darcy L. Schehr was reported to have plead no contest to charges of homicide by intoxication in the accident that took the life of Daniel Christ. Christ was struck head-on while riding his motorcycle on July 15, 2007...


House and Senate Bills Creating New CPSC Powers is Long Overdue

Posted on March 31, 2008
In the Tuesday, March 4, 2008 edition of the Wall Street Journal there is an editorial titled "Lawyers 'R' Us. It discussed the house and senate versions of bills trying to strengthen the Consumer Product Safety Commission. Included in the editorial are claims that both bills include provisions that would "more than double the agency's budget by 2015...


House and Senate Bills Creating New CPSC Powers is Long Overdue

Posted on March 31, 2008
Editorials like one appearing in the Wall Street Journal on Tuesday, March 4, 2008 are examples of irresponsible journalism. Just as the public tired of "liberal media" so are they sick and tired of the other extreme form of journalism that adds nothing to solving problems...


Crawford County - Stop being mad, you make us all look bad. It's time to step into this Century. Start thinking and getting better legal advice.

Posted on March 30, 2008
To set this up let's review the facts. A bike rider in RAGBRAI is allowed to ride and he hasn't signed the required waiver. He enters Crawford County, rides on their roads, hits a hole, flips and ends up dying. His widow sues Crawford County and gets a judgment for wrongful death...


Crawford County - Stop being mad, you make us all look bad. It's time to step into this Century. Start thinking and getting better legal advice.

Posted on March 30, 2008
Crawford County - Stop being mad, you make us all look bad. It's time to step into this Century. Start thinking and getting better legal advice.To set this up let's review the facts. A bike rider in RAGBRAI is allowed to ride and he hasn't signed the required waiver...


RAGBRAI and the Crawford County double standard - The ultimate mixed message.

Posted on March 29, 2008
We've all said it to our children, "Take responsibility for your actions." And then there is the often quoted word to the wise normally stated after trouble has occurred, "There are consequences to your actions." And then there is Crawford County, who invited the RAGBRAI riders into their county to make a buck off of the riders but when one rider was injured the County wanted no part of being financially responsible...


RAGBRAI and the Crawford County double standard - The ultimate mixed message.

Posted on March 29, 2008
Crawford County double standard. We've all said it to our children, "Take responsibility for your actions." And then there is the often quoted word to the wise normally stated after trouble has occurred, "There are consequences to your actions." We've all said it to our children, "Take responsibility for your actions...


RAGBRAI - Right to make a buck without corresponding liability

Posted on March 28, 2008
Iowa news reports that Iowa counties don't want RAGBRAI coming through their counties if they will have to be financially responsible for the risk of injury to the participants. "RAGBRAI organizers stayed clear of Crawford County. Last year, county supervisors there banned RAGBRAI from using its roads...


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