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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

The power of the Internet moves the State of Nebraska

Posted on May 25, 2009
What started out as a prank caused the State of Nebraska to nullify its pick your favorite license plate contest. The site collegehumor.com got wind that the state of Nebraska wanted Internet viewers to pick their favorite license plate design. The college pranksters encouraged everyone to vote for the most boring design; which ended up winning...

Part 5.4 of 10: Will Katrina fight for the women with bound feet?

Posted on May 22, 2009
Under the CCP people like David Fitzgerald would be considered one of the "Women with bound feet." They were the aged, the young and the injured citizens who moved slowly and were thought to be a drag on Communist China's progress. They are the David Fitzgerald's of the American society...

Part 5.3 of 10: Who's running the Greedy Bastards' Club anyway?

Posted on May 22, 2009
WHAT MAKES THE AMERICA GOVERNMENT DIFFERENT THAN THE CHINESE COMMUNIST PARTY? What is it about the American dream that makes us different from the rest of the world? Why should our children still dream the American dream? Is the American dream one of quality of life or is it one of insatiable greed? Because courts aren't independent of the government, officials often take a direct role in dealing with victims in high-profile incidents...

Part 5.2 of 10: The economics of non-economic damages. Is the Texas Legislature right or just being greedy?

Posted on May 22, 2009
SO WHAT IS GOING ON IN AMERICA? Why is tort reform so popular? Historically in America there is no precedent for governments reducing or altogether eliminating or prohibiting pain and suffering damages from being awarded. Other countries have done this very thing, but historically not Americans...

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PART 5.1 of 10: The Greedy Bastards Club and The Great NonEconomic Civil Rights Depression

Posted on May 22, 2009
The past few days we've looked the economics of non-economic damages and how having or not having that portion of a lawsuit award, affects a severely injured person. Today let's look at why state politicians believe it's necessary to eliminate the only way for an injured person to establish a quality of life...

Tort Reform: "Why not?" I'll admit we need more tort reform if you agree to answer this simple question. "Why?"

Posted on May 21, 2009
I keep talking about tort reform on this blog. Some people think I'm making good points and they include people associated with medicine who've read what I write and tell me they can't disagree with most of what I've said. One law firm in Atlanta liked it enough to ask for permission to reprint on their law firm's website...

PART 4 of 10: The economics of non-economic damages. Aren't non-economic damages a waste of money?

Posted on May 21, 2009
WHAT ISN'T AFFORDABLE WHEN NON-ECONOMIC DAMAGES ARE REDUCED OR ELIMINATED? What is not paid or covered by this award? His wife and children who will provide much of his care are not paid. There isn't an award to go to the movies, just for fun. There isn't money for clothing or haircuts, or a massage to make him feel better or an outing to have an ice cream...

PART 3 of 10: The economics of non-economic damages. Who gets the benefit from a jury award?

Posted on May 20, 2009
Yesterday I asked you to read a previous post about one David Fitzgerald. I'll assume you did it otherwise you may wish to read it now. Mr. Fitzgerald was hospitalized where he developed an infection resulting in all of his legs and arms being amputated...

The Madoff Family and Friends Chinese Wall Begins to Crumble

Posted on May 19, 2009
Everyone is wondering how one person can spend $50 billion. We shouldn't have to wonder much longer. The AP reports on the trustees findings of the Madoff family spending and how there were significant credit card charges by several having nothing to do with the business of investing...

PART 2 of 10: The economics of non-economic damages. The curious case of David Fitzgerald.

Posted on May 19, 2009
Here is why non-economic damages are economic. What everyone refers to as pain and suffering damages have never been for compensating losses associated with pain and suffering. When you're injured your pain and suffering isn't lost but is increased...

Oregon has limited protection for the "oops" doctor's making the biggest mistakes

Posted on May 19, 2009
Oregon tweaked its medical mistake protection legislation increasing the cap and lowering the amount of damage patients have to endure without being able to hold the wrongdoer accountable. Presently the system allowed any wrongdoer (by medical mistake) that caused a the patient over $200,000 to get away free...

Bernie Maddof Broadway Musical in the works - A Play about Ponzi could be next

Posted on May 19, 2009
Sorry I just couldn't help myself posting this creation from Walt Handelsman. One of his latest is "Which Works Best Against the Swine Flu? Hand wringing or hand washing?" Animation: Recession Sing-A-Long!Originally posted at InjuryBoard by Steve Lombardi

PART 1 of 10: The economics of non-economic damages.

Posted on May 18, 2009
It's currently popular for political leaders to side with tort reformists in limiting non-economic damages. The name alone implies that these types of damage awards have nothing to do with the economics of living but are in fact like play money. Nothing could be further from the truth...

Hit-and-run strikes 9-year-old in Treynor, Iowa

Posted on May 18, 2009
Jayden Anderson was walking along Highway 92 about 8:45 last Friday evening when he was struck by a red car with black stripes. The car was occupied by three or four people who've not been identified. So who is this Iowa hit-n-run driver? Nine-year-old Jayden Anderson was struck by a vehicle while walking along Highway 92 in Treynor at about 8:45 Friday evening...

How long does it take to settle an Iowa workers' compensation case?

Posted on May 17, 2009
It takes as long as it takes. It should take long enough to do it right. Okay, so what is it in months? Well, probably about 18 months on average; or a little longer. Why, you ask? Well because the hold up is your medical condition and the treatment it takes to get you to a point of maximum medical improvement...

I-80 Iowa Interstate rear-end crash victims identified

Posted on May 17, 2009
We had earlier reported on an I-80 multi-vehicle collision. A semi-truck driver ran into the rear of one vehicle pushing it into others. It's reported that several people died in the crash. The Iowa State Patrol has now identified the dead as a 39-year-old woman 61-year-old man...

Another Iowa ATV rollover and death of the driver

Posted on May 16, 2009
Another ATV accident and death is being reported to have occurred in northeast Iowa. A man from northeast Iowa died Sunday while driving a Polaris ATV 6x6 vehicle. Report is he was on a hillside and rolled it. He died at the scene. He is James Leas, 59 or rural Waukon...

Car versus Train; Which will win in a crash?

Posted on May 15, 2009
Josh Miller is somewhat of a lucky man; not wearing his seat belt and failing to yield to an oncoming train. Guess who won that collision. Yeah, it's an easy one to figure out. Donald Ahlhelm, the train operator was probably pretty surprised at the time the 2005 Nissan Titan pulled across the tracks and in front of the train...

Children Are Not Disposable Possessions

Posted on May 15, 2009
Parenting is hard work. Doing hard time in prison or jail is not the way to raise children. The Des Moines Register reported a 3-year-old child is safe in the custody of DHS child protective workers after the camper he was found in was searched and the supervising adults were arrested on various drug charges...

Nebraska Babies Left Home Alone Overnight; Parents face abuse charges

Posted on May 15, 2009
Recently we've read disturbing news alerts, here are a few reports that alarm us. We report on stories like this hoping others will read and learn the lessons having to do with child safety. Keep in mind these are the news reports and news is not always the way things turn out nor are news stories always true; meaning the facts may be different than what is reported...

Sex, sex, sex, sex, sex, sex, sex, sex, what the Molly are you talking about?

Posted on May 15, 2009
Let me start with a question: How can any adult be experienced enough to legally kill a person but too immature to know who they should have a sexual relationship? After writing mega Sex No-No Number One I got more interested in knowing what other states have done when an 18-year-old student, an adult, has sex with another adult that is his/her teacher...

Dump truck wins in Iowa crash; Bremer County collision sends drivers to the hospital

Posted on May 14, 2009
An accident between a car and dump truck on Highway 63 in Bremer Count, Iowa sent the drivers of the two vehicles to Iowa hospitals. The dump truck driver is Loyd Kildow of Hillsboro and he was taken to Allen Memorial Hospital in Waterloo. The other driver, Jeffrey Riley of Denver, Iowa was airlifted to Covenant Medical Center in Waterloo...

Mess in eastern Iowa on I-80 from pileup closes interstate for hours; was texting involved?

Posted on May 13, 2009
Names of those killed are not being disclosed until relatives are notified. What we know is the driver of a semi-truck on I-80 in Scott County, Iowa drove into a construction zone and rear ended a series of cars stopped in the construction zone. The 2009 Kenworth Semi-truck was driven by 34 year-old Anthony Johnson of Arlington, Texas...

Tort Reform is leading to more, not fewer personal injury lawsuits

Posted on May 13, 2009
Here is tort reform logic applied to obesity. FIRST, THE PROBLEM AND ONE ROOT CAUSE - Guilt-minded parents handing out participation trophies leads to fat lazy kids with bad character and an expectation of entitlement, just for showing up. Obesity is all around us...

Des Monies bicycle accident at Grays Lake demonstrates a poing on safety and driver lookout

Posted on May 13, 2009
A bicyclist was struck and injured while entering Fleur Drive in Des Moines. The vehicle was turning and struck the 47 year-old male rider while in a cross walk. Vehicles have a duty to stop for people in a marked crosswalk. We've blogged about bicycle and pedestrian safety, especially is it relates to Des Monies, Iowa; within the last two years we've had several pedestrian-bus, car-pedestrian and a pedestrian-garbarge truck backing accident in the city...

Another wrong-site or wrong-side surgery in Rhode Island

Posted on May 13, 2009
Placing the surgeon and surgical staff on administrative leave pending the results of an investigation Hasbro Children's Hospital in Providence, Rhode Island is reporting a wrong-site or wrong-side surgery during oral surgery. It makes me wonder if these types of mistakes, as common as they are, have to do with tort reforms being added to the hurdles patients must straddle to successfully litigate for a favorable verdict...

Because there are too many cancer cases, tort reform logic would have us killing all the physicians

Posted on May 12, 2009
I'm sick of cancer! I mean it, cancer is killing America. People with cancer are taking every opportunity to visit with a doctor and then asking for treatment. Treatment is way too expensive and society can't afford any more cancer treatment. So I'm proposing Cancer Reform...

If cheerleading is so safe why have so many cheerleaders died?

Posted on May 11, 2009
The National Cheer Safety Foundation has released "Rehearsed Catastrophic Injury Emergency Plan For Competitive Cheerleading." Every cheerleader and their parents should watch the video, be familiar with the message and find out if your team coach and school administrators know how to make your team be prepared...

Another Des Moines Pedestrian Accident; this one at Court and Second Avenues

Posted on May 11, 2009
Another pedestrian was struck by a car and injured in Des Moines. This car-pedestrian collision occurred at the intersection of Second Avenue and Court Avenue at 4:30 p.m. on Monday, May 11, 2009. The driver apparently didn't see the woman. The woman was struck then hit her head on the street...

Sex, sex, sex, sex, sex, sex, sex, sex, sex, sex, sex - Look and see; is the world ending?

Posted on May 10, 2009
Should everything that is 'wrong' be a crime? Society decides what is right and what is wrong. Society has now decided that consensual sex between adults is wrong. A 28-year-old woman and an 18-year-old man had sex and now she is a sex offender...

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