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    Dealing with Insurance Companies After An Accident
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    I was injured in an auto accident and the insurance company for the other driver is refusing to pay my medical expenses. What can I do?
    In most cases insurance companies will refuse to pay an injured person’s medical expenses until the case can be completely resolved. Check your own automobile insurance policy to see if you have “med pay” coverage. Med pay coverage is designed to pay the medical bills for anyone in your car injured in an accident, regardless of who caused the accident. Since med pay coverage limits are usually fairly low, you should also submit your bills to your health insurance carrier. Between your med pay coverage and your health insurance all of your medical expenses should be covered. If you do not have enough insurance to cover all of your necessary medical expenses, you can try to work out a payment plan with your health care providers, and/or an agreement to pay them upon the completion of your case. Your attorney can be very helpful in guiding you through the insurance claims process and in making sure that all necessary medical expenses are paid.

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    The insurance adjuster for the person which caused an accident I was in says I will receive a larger recovery if I don’t hire a lawyer. Is that true?
    Keep in mind that insurance companies have a significant amount of experience handling personal injury claims. No matter what the adjuster tells you, his/her goal is to save as much of the insurance company’s money as possible, not pay you fair compensation. The benefit of hiring an attorney to represent your interests far outweighs the cost. The goal of your attorney will be to maximize your compensation and ensure you are treated farily, not the insurance company’s profits.

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    The insurance company I have been dealing with wants me to sign a Release. What are the implications of that?
    A signed release is a binding legal document that will prohibit you from receiving any further compensation from the released party. The binding effect of a release cannot be overstated. After signing a release you cannot recover additional compensation from the released party, even if your injuries and damages turn out to be much greater than expected. The insurance company wants you to sign the release so that it can limit its liability for the accident. It is in your best interest to talk to a lawyer before signing any personal injury release. The attorney will assist you in determining if the offer is fair based on your situation.

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    The insurance adjuster for the person who caused my injuries wants to take a recorded statement from me. Should I do this?
    In most situations, it is not in your best interest to give the defendant’s insurance adjuster a recorded statement. If you do a great job, and make no mistakes, the statement will probably never be used. However, if you make a mistake in describing the details of the accident, e.g., the length of time you were stopped at the intersection before the collision, or the extent of your injuries, e.g., you forget to mention that your left knee was bruised, you will be confronted with that mistake at trial. The defense attorney will point out the mistakes in order to discredit your current testimony, and argue that your recollection was better when the statement was recorded, as opposed to testimony given at trial a year or two later. If you have legal representation while the statement is recorded, your attorney can make sure that your answers are complete and accurate. In that situation, giving a recorded statement can help to encourage an early and fair settlement of your case. Giving a recorded statement to the opposition, without having an attorney present to represent your interests, is usually not a good idea.

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    The defendant’s insurance company paid to have my car fixed after an accident, but the car is not worth as much as before the accident. Can I make a claim for this loss in value?
    You may be entitled to additional compensation for the loss in value of your car, as long as you have not signed a release absolving the defendant from further responsibility for your damages. The measure of car damages falls into one of three categories: 1) When the reasonable cost of repair exceeds the pre-accident value of the car, the measure of damages is the lost market value; 2) When the car can be repaired so that it is as valuable as it was before the accident, the measure of damages is the reasonable cost of repair; and 3) When repairing the car will still not make it as valuable as it was before the accident, the measure of damages is the cost of the repair, plus the loss in market value of the repaired car. In each category the measure of damages also includes the reasonable cost of a rental car while the damaged car is being repaired, or for the time it takes to purchase a replacement vehicle.

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    Do cars have to be insured, and must you carry proof of insurance in your car?
    Yes. The state of Iowa requires all motor vehicles driven on public streets to carry liability insurance. Liability insurance covers the driver and owner of the vehicle for any damages caused to persons or property resulting from the negligent operation of the vehicle. Iowa law also requires drivers to carry, in their vehicles, proof of liability insurance coverage. Your insurance company should issue a liability insurance coverage card that you need to keep in your car.

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    Is a person required to report all motor vehicle accidents, no matter how minor and if no one is hurt?
    Yes. Iowa law requires that all accidents involving property damage over $1,000, or injury or death to a person be immediately reported to local law enforcement authorities.

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    My insurance company treated me very unfairly after I filed claim. Can I go public with my complaints without fear of the company filing a lawsuit for libel or slander? Does telling the truth cause legal problems?
    Truth is always a defense to a claim of libel or slander. In other words, as long as you tell the truth you have not committed libel or slander. However, that does not mean that the insurance company cannot file a libel or slander claim against you. First of all, there may well be a factual dispute about whose version of events is the truth. Also, a claim that has little validity can be filed and, even though it will ultimately be dismissed, you will incur some costs defending yourself. You can provide yourself some protection from a libel or slander claim by pursuing you complaint against the insurance company through proper channels. You could file a lawsuit against the insurance company for breach of contract. You could file a claim with the Better Business Bureau. Or, you could file a claim with the Iowa State Insurance Division. A complaint with the Iowa Insurance Division can be filed over the internet at http://www.iid.state.ia.us/.

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    What is underinsured/uninsured motorist coverage, and do I need it?
    Underinsured/uninsured motorist coverage is an add-on option to your car insurance policy, which Iowa law requires be offered to you by your car insurance company. This coverage comes into play if you are injured by the negligent actions of an uninsured driver, or one who does not have enough assets or insurance to cover your damages. In such a case, your insurance company will pay you for the reasonable value of the damages you have incurred, up to your policy limits, and then pursue a claim for recoupment against the party who caused the damage.

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    The person who hit me has little, or no, insurance. How can I collect fair compensation for my injuries?
    Every driver should carry uninsured/underinsured motorist coverage. This is insurance coverage that protects you and your passengers from irresponsible individuals who are driving without insurance, or without sufficient insurance. Iowa law requires all automobile policies sold in the state to include uninsured/underinsured coverage, unless you specifically decline the coverage. If you have such coverage, then your insurance company becomes responsible for the damages caused by the Defendant up to the policy limits of your coverage. The Declaration sheet of your insurance policy show you if you have uninsured/underinsured coverage and the amount of that coverage. If you do not have uninsured/underinsured coverage you will be forced to try to collect fair compensation directly from the defendant. Collecting a judgment directly from the defendant is usually fairly difficult. After all, if the defendant had any significant assets, he or she would probably have sufficient insurance in the first place. So, if you don’t have uninsured/ underinsured coverage, contact your insurance agent right away to inquire about adding this coverage to your policy. It is not that expensive and well worth the cost.

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    What should I do immediately following a car accident?
    Try to determine if anyone in your vehicle, including yourself, has been injured. If possible, check the other vehicle(s) for injured occupants. If you believe that someone has been injured, call 911 immediately. Do not move anyone who is injured. If anyone has been injured, or the damage to the vehicles is $1,000, or more, you must report the accident to the appropriate authorities. Reporting an accident is always a good idea. Do not move any of the vehicles until a peace officer directs you to do so. If you choose not to report the accident, move the vehicles to the side of the road, and exchange driver’s licenses, registrations and proof of insurance with the other driver(s). Write down the name, address and insurance company of the other driver. Also, note the year, make, model and registration number of the other vehicle involved. Use your own common sense to determine if you need to be examined by a health care professional. Keep in mind that some injuries do not become apparent until many hours, days, or even weeks after an accident.

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    If I have been injured in an accident, where should I go for treatment?
    The first place to go is the emergency room of the nearest hospital. There you can be examined and evaluated by a doctor skilled in the treatment of trauma. In conjunction with the recommendation of your emergency room physician, you can decide what follow-up treatment, if any, is necessary. The emergency room physician may refer you to a specialist in the treatment of your injury. If your injury develops over a period of time after the accident, you should make an appointment with the health care provider of your choice. This is usually a family physician, or chiropractor. If you do not have a family physician, or chiropractor, you can ask a friend, or relative, to recommend one. You can then make treatment decisions based on the sound advice of your health care professional. Your injuries alone should dictate the course of your medical treatment. You should not make treatment decisions based upon the perceived need of your potential lawsuit. Any attempt to do so will likely backfire, and result in reducing the value of your case.

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    What should I do if I’m in a “hit and run” accident?
    Call 911 to report the accident and notify the emergency operator if anyone in your vehicle has been injured. If you saw the license plate number of the vehicle, write it down immediately. Write down a description of the vehicle, including color, make and model, or vehicle type, i.e., sports utility, compact, etc., while that information is fresh in your mind. Also, if you saw the “hit and run” driver, write down any details that caught your attention, i.e., approximate age, male or female, dark hair or blond, etc. Do not move anyone who has been injured. Do not move your vehicle until directed to do so by a peace officer. Provide the investigating officer with as much information as possible regarding how the accident occurred. The investigating officer’s report will serve as proof of the accident. Report the “hit and run” accident to your insurance agent at your earliest convenience. If you have uninsured/underinsured coverage, your insurance company will be responsible to pay for any damages in the event that the offending driver is not found, or does not have sufficient insurance coverage.

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    I've been injured in an accident, how do I choose a lawyer that is right for me?
    Choosing a lawyer that is right for you is a very important first step in seeking fair compensation for your injuries. You need to make sure that the lawyer is trustworthy and experienced. You also may want to seek a lawyer that is well respected in the legal community and by the general public. Talk to friends and relatives to see if they have some suggestions. Ask any prospective lawyer you talk to how many personal injury cases they have handled in the past. Also, ask them how many jury trials they have had in the past few years. If you are going to maximize your recovery you need to be represented by an attorney who will reject a low settlement offer by telling the defendant’s attorney “we will see you in court,” and really mean it. If your attorney cannot back that statement up with real jury trial experience, any settlement offer you receive will reflect this fact. Most cases are settled, but you need an attorney with jury trial experience and a winning track record in order to maximize your recovery.

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    I was injured in an accident some time ago. How long do I have to pursue any legal claim that I may have?
    The time period for filing a lawsuit is referred to as the Statute of Limitations. In Iowa, the Statute of Limitations for filing a personal injury lawsuit is two years from the date the injury occurred. In most cases, the injury occurs on the date of the accident which caused the harm. Howevever, in some instances, the discovery of the injury may be delayed - especially true for neck and back injuries. In these cases, the two year period may not start running until the injury is discovered.

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    What should I bring with me when I first talk to a lawyer about an accident?
    Bring all documents in your possession that relate to the cause of the accident, injuries suffered, and property damage incurred. Do not leave anything out that is even remotely related to these issues. Your attorney will be able to sift through this material quickly and determine what is needed to pursue your case. This material usually includes the name, address and insurance company of the defendant; the name, address, policy number and limits of your insurance coverage; some preliminary medical records; an accident report; a list of any witnesses; pay stubs showing any lost time from work; and repair estimates, if your accident includes property damage. Make sure that you provide your attorney with the name and address of all current medical providers and the names and addresses of any prior health care providers who treated you within the past few years. If you do not have all of this information readily available, do not be too concerned. Your attorney can get all the necessary information from other sources after your initial interview.

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    I’ve been injured in an accident, but don’t have the money to pay a lawyer. What can I do?
    Under the American system of justice you do not have to be wealthy to be represented by an attorney. In most matters involving personal injury, our office provides a free initial consultation for prospective clients. After this initial consultation, it may be determined that your matter is appropriate for a contingent fee basis. Under a contingent fee arrangement, any recovery which is made is split between you and the attorney according to prearranged percentages. If you are unsuccessful in pursuing your claim, then you owe nothing for the time your attorney spent on the case. In a contingent fee arrangement the client usually remains responsible for the out-of-pocket costs incurred in pursuing the case, e.g., copying expenses and filing fees. The standard contingent fee split is two-thirds to the client and one-third to the attorney. Contingent fee splits can vary depending on the difficulty and novelty of your case. Keep in mind that a claim should never be pursued simply to coerce a settlement or harass a defendant.

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    Can I recover fair compensation even if the accident that caused my injuries was partly my fault?
    Iowa’s comparative fault law allows an injured person to recover damages even if they are partially responsible for their own injuries. When more than one person is alleged to be at fault in causing an accident, the fault of all those involved must be assessed in comparison to each other. At trial a jury will assign a specific percentage of fault to each party whose negligence contributed to the cause of the accident. The total amount of fault for all parties must add up to one hundred percent. If the plaintiff is assigned a percentage of fault, then their damages will be reduced by that percentage. For example, if the plaintiff is found to be twenty-five percent at fault in causing their own injury, they can recover only seventy-five percent of their damages. Iowa’s comparative fault law does not allow an injured person to recover damages if they were the predominant cause of their own injuries. So, if the plaintiff is found to be more than fifty percent at fault in causing the accident, they cannot recover any compensation.

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    The driver of a vehicle in which I was riding may have been partially at fault in causing the accident that resulted in my injuries. Is my recovery going to be reduced due to his negligence?
    Under Iowa’s comparative fault law the negligence of the driver of a vehicle is not assessed against the passengers in that vehicle. So, your recovery will not be reduced based upon any negligence of your driver. Your recovery will only be reduced to the extent that you are at fault in causing your own damages. Since you were a passenger, not a driver, it is likely that you played no role in causing the accident. However, if you fail to mitigate your damages, i.e., minimize them to the extent reasonably possible under the circumstances, your recovery could be reduced. If there is a chance that your driver will be found to be significantly at fault, i.e., fifty percent or more, you should also pursue a claim against him. Failure to do so could result in your inability to collect the full amount of damages to which you are entitled.

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    What factors are evaluated in determining whether someone has been negligent?
    In order to show that a defendant has been negligent you must establish: 1) that the defendant owed a duty to the injured party; and 2) that the defendant violated that duty. Generally, the level of duty owed is determined by what a reasonable person would do in similar circumstances. A breach of this duty occurs when a defendant fails to conform to this duty. In some situations negligence can be established by showing a violation of law, e.g., running a red light, or of a safety code, e.g., failing to install smoke detectors. In other situations, negligence has to be established based upon generally accepted notions of reasonableness, e.g., a babysitter should not allow a four year old to cross a busy street alone. The more difficult cases present fact patterns in which reasonable people can disagree regarding the level of duty owed. For example, should a babysitter allow a six year old to cross a street alone? What about a ten year old? Does it depend on the maturity level of the child? All of these are potential questions that a jury would have to answer in order to determine negligence.

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    The defendant in my case admitted to two witnesses that he caused the accident, but now claims the accident was my fault. What can I do?
    Statements made by someone who is not under oath are generally inadmissible at trial because they are considered hearsay, i.e., testimony not based upon personal knowledge. Fortunately, your situation falls under one of the most common exceptions to the hearsay rule. Your two witnesses should be able to testify that they heard the defendant say he caused the accident because this statement was an admission against interest of an opposing party and, therefore, not hearsay. When a party makes an admission regarding a relevant issue, that statement can be used against the declaring party. The law questions the reliability of self-serving statements that are not made under oath, and that is why we have a hearsay rule that generally disallows such statements. On the other hand, the law recognizes that people will not normally make up facts that hurt their case, and that is why party admissions against interest are not considered hearsay. You can’t make the defendant admit fault, but you can show the jury that the defendant’s refusal to admit that he cause the accident is not worthy of belief.

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    While crossing the street, I was hit by an uninsured driver. Who is at fault and can I get fair compensation for my injuries?
    If you were crossing the street within a crosswalk, and not disobeying a traffic signal, the fault of the driver is pretty clear. Pedestrians crossing the street within a crosswalk may rely upon an approaching driver’s duty to yield. Even if you were crossing the street outside of a crosswalk, the driver may have been negligent by not exercising ordinary care in avoiding the accident. However, keep in mind that regardless of traffic signals and crosswalks, pedestrians do have a duty to avoid obvious harm. To the extent you can show that the uninsured driver caused the accident, you can look to your own car insurance for coverage. Pedestrians are covered under the uninsured provisions of their own policies. So, if you had car insurance, and the insurance policy included uninsured coverage, then your insurance company will have to step into the shoes of the uninsured driver and pay you fair and reasonable compensation for all of your injuries and damages, up to the policy limits. The negligent and uninsured driver is still liable for the damage they caused, but it will be up to your insurance carrier to collect any amount owed.

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    Is it better to settle a personal injury case, or go to trial?
    The answer to your question depends on the facts of your case and the status of settlement negotiations. If the defendant’s insurance company refuses to make a reasonable settlement offer, then you have no choice but to go to trial. Once a defendant has made a fair settlement offer, and you have determined that the amount offered is the most the defendant will pay, a settlement is usually in your best interest. Presenting a case to a jury has significant risks for both sides. You never know what unforeseen problems will arise at trial, and rest assured that some unforeseen problem will arise. Also, you have to keep in mind that a lot of people, including some that may be on your jury, have been brainwashed by the insurance industry’s propaganda claiming that too many lawsuits are being filed. The best way to get a fair settlement offer is to be represented by a competent attorney who is completely ready, willing and able to go to trial.

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    I was injured in an accident. How can I tell how much my case is worth?
    A general guideline is that your recovery will depend on the cost of your medical treatment and the amount of your lost income. In addition to these “out-of-pocket” losses, your recovery should include compensation for past and future pain and suffering; and may include compensation for past and future loss of the full use of the injured parts of your body; for future anticipated medical expenses; and for the loss of the ability to earn a living in the future. These calculations can become very complex and be influenced by several other factors.

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    My car was damaged in an accident. What is the proper amount of compensation I should receive for the damage to my car?
    The measure of car damages falls into one of three categories: 1) If the reasonable cost of repair exceeds the pre-accident value of the car, the measure of damages is the lost market value; 2) If the car can be repaired so that it is as valuable as it was before the accident, the measure of damages is the reasonable cost of repair; or 3) If repairing the car will still not make it as valuable as it was before the accident, the measure of damages is the cost of the repair, plus the loss in market value of the repaired car. In each category the measure of damages also includes the reasonable cost of a rental car while the damaged car is being repaired, or for the time it takes to purchase a replacement vehicle.

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    What is the difference between compensatory and punitive damages?
    Compensatory damages reimburse an injured person for their losses, such as medical expenses, wages, and pain and suffering. Defendants are liable for the payment of compensatory damages as a result of their negligent act in causing the damages. A defendant’s ability to pay has no bearing on the amount of compensatory damages awarded. Punitive damages are awarded to punish the defendant and discourage them, and everyone else, from engaging in similar wrongful behavior in the future. Defendants become liable for punitive damages by acting with willful, or wanton, disregard for the rights or safety of others. The amount of punitive damages awarded depends upon the financial condition of the defendant. In Iowa, an injured party receives only 25% of the punitive damages awarded if the wrongful conduct of the defendant was not specifically directed at them, and the remaining 75% goes into a state run victim reparations fund. For example, a company that refuses to fix a known safety problem in one of their products may be assessed punitive damages, but its wrongful acts were not directed at the injured person, so 75% of any punitive damages awarded would go into the state run fund.

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    Why does it take so long to receive fair compensation for personal injuries?
    There are many issues that must be addressed and resolved before a personal injury case can be completed. First, it may take a while for all of your injuries to become apparent, as some injuries will evolve over time after an accident. Also, the time necessary for you to recover from your injuries, to the extent that you can, may be quite lengthy. It is not unusual for continuing medical treatment to be necessary for two years or more after an accident. In addition, it may take some time for the full extent of the damages caused by your injuries, i.e., lost income, to become apparent. The process of pursuing a claim can begin while you are recovering, but it is very important not to rush into a settlement. Only after all of your injuries and damages have been ascertained and documented can a full and fair settlement of your claim be obtained. If the parties are not able to reach a full and fair settlement, then the next step is to file a lawsuit and proceed with discovery.

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    I was told after my accident that I have a duty to “mitigate damages.” What does that mean?
    An injured person has an obligation to take reasonable steps to minimize, or "mitigate", his or her damages from an accident. If you do not mitigate your damages, a court could find that some of your damages are your own fault, thereby reducing the amount of your recovery in a personal injury lawsuit. For example, if your doctor releases you to go back to work after an accident and you unreasonably wait another month before returning to work, then you will not be able to recover lost wages for that month.

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    Are cases with catastrophic injuries, such as paralysis or severe burns, handled differently than more routine damage cases?
    The basic legal framework for resolving a personal injury claim is the same, regardless of the level of the plaintiff’s injuries. In more routine personal injury cases trial preparation, known as “discovery,” may include a few depositions, the exchange of basic documentary evidence, and a report from the injured party’s health care provider. This routine process usually takes 6 months to a year to complete. Discovery in a catastrophic injury case is likely to be longer and more difficult. Numerous depositions and reports from several expert witnesses may be necessary. The exchange of relevant documentary evidence should be very thorough, including all of the injured party’s relevant medical records and, for example, complete operation and maintenance records in a case involving a malfunctioning piece of industrial equipment. The cost of trial preparation in a catastrophic injury case can be extremely high. Fortunately, under our system of justice, attorneys are allowed to advance the costs necessary to pursue personal injury cases. Otherwise, many severely injured persons would simply be financially unable to pursue fair and just compensation for their catastrophic injuries.

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    I have always had a bad back, and then I was in an accident that made it worse. What can I do?
    You are not entitled to receive compensation for any injuries or damages that existed prior to the accident. You are entitled to compensation for injuries and damages resulting from the aggravation of a pre-existing condition. So, if the pain in your back was only minor and occasional before the accident, but since the accident has been significant and constant, then you are entitled to compensation for that increased pain. Moreover, you are also entitled to compensation for damages caused by the accident, even though a person in good health may not have suffered such damages. For example, if you were able to work before the accident, even with a bad back, but after the accident you are unable to work, then the negligent party that caused your injuries to become aggravated to the point that you cannot work is responsible for your lost wages and loss of future earning capacity. This is true even though the injuries related solely to the accident may not have been sufficient to cause you to be unable to work.

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    Right after an accident I did not feel any pain. Now part of my body hurts. Is it too late to pursue a claim?
    Injuries caused by an accident may not become apparent until well after the accident. Also, people often wait for some time after symptoms first appear before seeking medical treatment, hoping that they will get better. Successful claims can be pursued, even when no medical treatment was sought for up to several weeeks after the accident, and possibly beyond, depending on the facts of the case. The key issue is, did the accident cause your injury? If you did not have any similar pre-existing injury, the injury appeared after the accident, and no other intervening event occurred that could have caused the injury, then you should be able to recover fair compensation for that injury. Your doctor will take these factors into consideration, along with an evaluation of whether your injury is generally associated with the type of accident you were involved in. Your doctor will then render an informed opinion regarding the cause of the injury. If your doctor says the injury is related to the accident, then it is probably not too late to pursue a claim, as long as Iowa's two-year statute of limitations has not run.

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    Our child was severely bitten by a neighbor’s dog. Do we have a case against our neighbor to recover compensation for her injuries?
    Generally, the owner of a dog is liable for all damages caused by the vicious acts of the dog. However, you may not be able to recover if your child was engaged in an unlawful activity, such as trespass, or the dog was rabid and the owner had no reasonable opportunity to know this or prevent the attack.

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    Can I receive compensation for injuries I incurred from a poorly designed product?
    A company can be held liable for damages caused by its product if the company was in the business of designing, manufacturing and/or selling the product; the product was defective at the time it left the company’s control; the defective condition was unreasonably dangerous to users of the product; the product was used in a reasonably foreseeable manner; the product was put into use without a substantial change in its condition; and the defect in the product was responsible for your injuries.

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    Is a business liable if you slip and fall on a wet or slippery floor on its premises?
    Business owners have a responsibility to keep their premises free from defects which involve unreasonable risks to customers. However, a business is not liable for defective conditions which are obvious to customers - in other words, you would have noticed the slipperly floor if you would have been paying attention. The right to recover compensation in a slip and fall case depends on the reasonableness of your actions leading up to the accident, compared with the efforts of the business owner to remove the defective condition, or warn you of its existence.

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    I was hurt in a car accident caused by a drunk driver. Is the bar that served the drunk driver liable for my injuries?
    Under Iowa’s “Dram Shop” law, a bar may be held responsible for injuries caused by the intoxication of one of its patrons. In order to recover under the Dram Shop law you must show that: 1) The defendant held a liquor license; 2) The driver was served alcohol after the bartender knew, or should have known, that he was intoxicated; and 3) You were injured as a result of the driver’s intoxication. Keep in mind that Dram Shop claims are not limited to motor vehicle accidents. For example, a drunken bar patron who hits another patron with a beer bottle, may also subject the bar owner to liability.

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    How do you pursue a claim for the death of a loved one, and how are damages calculated?
    The deceased person’s estate can act as the plaintiff in a lawsuit and recover damages. Damages for wrongful death include any pain and suffering, lost income, and medical expenses incurred before death; interest on reasonable burial expenses; and the loss to the estate of the additional assets that the deceased would have accumulated over the period of their natural life, but for his or her untimely death. The spouse, children and parents (if the deceased was a minor) may also be entitled to “loss of consortium” damages.

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    What are defamation, libel and slander, and what is the difference between them?
    Defamation is the injuring of a person’s character or reputation by making false and malicious statements about them. Libel and slander are both forms of defamation. Libel is defamation involving written or printed statements. Slander is defamation involving oral statements. To recover for defamation you must show that the defendant made the defamatory statement to a third party, i.e. not to you alone. Actual malice means statements made with ill will, or wrongful motive. The defendant in a defamation case may always avoid liability by showing that the statement made is substantially true.

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    What is medical malpractice and how may I recover damages for it?
    In medical malpractice cases the jury is generally instructed that a doctor must exercise the degree of skill, care and learning ordinarily possessed and exercised by other doctors in similar circumstances. Failure to meet that standard of care, i.e., acting as a reasonable doctor would under the circumstances, is negligence. In addition, before performing a procedure on a patient, a doctor must obtain the patient’s “informed consent.” Informed consent means that the doctor discloses to the patient all known material information concerning the procedure that would be significant to a reasonable patient’s decision to consent to the procedure.

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    What warning signs or signals are required at railroad crossings?
    Railroads are required to place crossbuck signs at all railroad crossings. The signs must be white with the words RAILROAD CROSSING in large and distinct black lettering. Railroads are required to sound the train’s horn at least 1000 feet before the train reaches a crossing. After sounding the horn, the train must ring the train bell until the train is past the crossing. Railroads are required to keep crossings in good repair, and approaching trains must travel through crossings at a reasonable speed. In addition, where a crossing is deemed to be extra hazardous, and the railroad knows or reasonably should know of the danger, the railroad must have either electronic flashing signals or a flagman there to warn approaching cars of an oncoming train. Factors to be considered in deciding if a crossing is extra hazardous include conditions like heavy traffic, or obstructions to an approaching motorist’s view up and down the railroad tracks. Failure to follow these rules will result in a finding of negligence against the railroad and the award of compensation to anyone suffering injuries caused by that negligence.

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    What is mediation?
    After a lawsuit is filed the litigants may choose to voluntarily agree to engage in formal settlement negotiations pursued by a neutral third party. This formal settlement process is called “mediation.” The neutral third party, known as a “mediator,” has no authority to require either party to settle the case. The goal of the mediator is to listen to both sides of the dispute, point out some of the weaknesses in each side’s case and some of the strengths in the opposing side’s case, and nudge the participants toward a mutually satisfying settlement of the dispute. Mediators are usually retired judges, or highly experienced trial attorneys. A successful mediator can be of great value in giving each side an independent assessment of their case. The mediation process usually takes place in one day and is far less costly and far less stressful than a jury trial. Mediation is now very common and has proven to be an effective tool in satisfactorily resolving personal injury claims. Mediation is not to be confused with binding arbitration, where the neutral third party renders a final decision in the case that both sides have agreed, in advance, to honor.

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    I was injured in an accident, and hired an attorney to represent me shortly thereafter. My attorney just told me that it is now too late to file a lawsuit. What can I do?
    Attorneys, like other professionals, may be liable for mistakes made in the performance of their professional duties. The time period for filing a lawsuit is referred to as the Statute of Limitations. In Iowa, the Statute of Limitations for filing a personal injury lawsuit is two years from the date of the accident. Your former attorney may have committed legal malpractice by missing the Statute of Limitations in your case. As a result of that failure, you are forever barred from pursuing a claim against the person who caused your injuries. You are not, however, barred from pursuing a legal malpractice claim against your former attorney. In order to recover damages for legal malpractice you must show that: 1) an attorney-client relationship existed between you and the attorney; 2) the attorney did not use the degree of skill, care and learning ordinarily exercised by other attorneys in similar circumstances; 3) you would have won the case if the attorney had timely filed a lawsuit; and 4) the amount of your damages.

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    Why do defendants think they can get away with making up excuses to avoid responsibility for an accident they caused?
    The insurance defense industry has spent a lot of time and money to create the myth that too many lawsuits are being filed and that many of them are frivolous. Unfortunately, the insurance defense industry has been successful in creating this myth. The jury pool has essentially been poisoned against injured parties by the insurance defense industry’s propaganda. The insurance defense industry arrogantly believes that just about any old excuse will do to absolve defendants of responsibility for their negligent conduct since jurors have been preconditioned to assume that anyone filing a lawsuit is just looking to get some easy money. This problem is especially true when the injury to the plaintiff is not visible or obvious, such as a soft tissue back injury. Some jury skepticism regarding the injured parties claims is certainly appropriate. To be fair and impartial, however, the jury must apply the same level of skepticism to all alleged defenses to the claim. That is, of course, all injured parties can ask for - - a fair and impartial jury to decide their case.

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    Are too many lawsuits being filed in Iowa?
    The claim that too many lawsuits are being filed in Iowa is nothing more than insurance industry propaganda. It is designed to poison the jury pool by making prospective jurors antagonistic towards plaintiffs. Unfortunately, the insurance industry has been successful with its “too many lawsuits” theme. Every seasoned trial lawyer can tell you horror stories about prospective jurors who think all plaintiffs are just trying to jump on the lawsuit bandwagon and get some easy money. The truth is that the number of civil lawsuits filed, excluding domestic relations matters like divorce, has stayed pretty steady for the past 20 years. In 1981 the total number of such cases filed in Iowa was 30,126. The number peaked in 1993 at 35,804, and for 2001 the total was 33,531. The number of actual jury trials is going down. In Iowa 552 cases were tried to a jury in 1993, 477 in 1997, and approximately 375 in 2002. Do not be fooled by insurance industry propaganda. If you are fortunate enough to be chosen as a juror on a case, decide the case on the facts presented, not on some preconceived and incorrect notion that too many lawsuits are being filed.

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    Do I have a claim against my former employer for providing false information to a prospective new employer?
    Your former employer may be liable for making false statements about you to a prospective new employer. False statements that injure a person’s reputation or character are considered defamation. However, if the statements are true, or an opinion, then you will not be entitled to recover.

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    I complained about my company improperly disposing of some hazardous waste and was fired. Do I have a claim against the company?
    Employees enjoy “whistleblower” protection under all of the major environmental protection laws, including the Clean Air Act; the Water Pollution Control Act; the Safe Drinking Water Act; the Comprehensive Environmental Response, Compensation and Liability Act; the Solid Waste Disposal Act; the Toxic Substance Control Act; and the Energy Reorganization Act, which regulates the nuclear energy industry. So, if you made a complaint to your employer about the improper disposal of toxic waste and, in response, the company took an adverse action against you, e.g., discharge, demotion, or passed you over for promotion, then you probably have a valid claim under the whistleblower protection provisions of one of the above-noted environmental protection laws. Whistleblower protection laws are designed to shield employees who perform their civic duty and are disciplined by their employer as a result. Employees also enjoy whistleblower protection pursuant to numerous other state and federal laws.

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    I was injured at work. Is workers compensation the exclusive source of compensation for my injury?
    Pursuant to Iowa law, workers compensation is the exclusive remedy for pursuing claims against your employer. Depending upon the cause of your injury you may also have a claim against either a third party, or against a co-employee who was grossly negligent. A third party complaint involves a claim that the negligent act of someone, other than your employer or one of your co-employees, caused your injury while you were working. For example, if you are in a car accident while making a delivery for your employer, or are injured by a machine at work, claims against the driver of the other car, or the manufacturer of the machine, are not excluded by Iowa’s workers compensation statute. Under Iowa law you may, outside the confines of workers compensation, pursue a claim against a co-employee who was grossly negligent in causing your injury. To show gross negligence you must establish that the co-employee consciously failed to protect you from a known danger, even though injury resulting from that danger was probable, not just possible.

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    Can I be fired for bringing a Workers Compensation claim?
    No. In Iowa an employee cannot be terminated for pursuing a workers compensation claim.

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    I was injured when using a recently purchased machine at work. There was nothing wrong with the machine, but it did not come with any directions or warnings. Is the manufacturer or supplier of the machine liable for my injuries?
    The duty of care placed upon the supplier of a machine may include an obligation to provide directions or warn of danger caused by use of the machine. The supplier must exercise reasonable care to inform the user of a dangerous condition, or if any circumstances make the machine likely to be dangerous, if: 1) the manufacturer knows, or has reason to know, that the product is dangerous when used in an intended or anticipated manner; and 2) the manufacturer has no reason to believe that those using the product will realize its dangerous condition. So, if you were using the machine in a reasonably foreseeable manner, i.e., using it for a purpose for which it was intended, and the potential cause of your injury was not readily apparent to you at the time, i.e., the cause of your injury was unexpected, then the supplier of the machine may be liable for your injuries.

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    I was injured at work by the negligent acts of a person who does not work for my company. Am I limited to pursuing only a workers compensation claim?
    In most situations, workers compensation is the exclusive remedy for pursuing a claim against your employer. However, workers compensation does not prohibit you from pursuing a separate claim against anyone else who negligently caused your injury, even if that injury occurred at work. In that situation, you may pursue both a workers compensation claim, and a separate “third party” claim. The third party claim is attactive because the damages that can be awarded in a workers’ compensation case are limited. The third party lawsuit will allow you to receive complete compensation for all of your injuries and damages.

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    What if the IRS has levied some of my property?
    Bruce answer IRS question.

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    What is "pass through" taxation?
    Pass through taxation occurs when select types of business entities (typically S. Corporations and LLC's), as permitted by the IRS, do not report any income or losses, but instead pass all such items down to their owners in proportion to an individual's ownership interest.

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    Do I have to report income that I make from a hobby I have?
    Yes, income from a hobby is considered as ordinary income which must be reported on the individual tax return. Yearly losses and expenses from a hobby are allowed to the extent of the income made from the hobby in that year. In otherwords, if you made $300 from selling garden items at a farmers market last year, you would be allowed to deduct up to $300 in expenses and losses from your gardening activities.

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    Someone told me that I have to pay a tax each year on any gifts I have give in that year. Is that true?
    Usually the answer to this question is no, you will not have to pay tax on gifts given in the past year. First, you must determine if an actual "gift" occurred, defined by the IRS as transfering money or property to another without expecting to receive anything of equal value in return. If a gift was given, then it will not be taxed as long as it falls under one of the gift tax exclusions. These exclusions are for gifts given or paid to: your spouse, politial or charitable organizations approved by the IRS, directly to a medical or educational instution on behalf of another peron for expenses or tuition, or gifts valued at $11,000 or less.

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    I am divored. My ex-spouse and I share custody of our minor children. Who gets the dependancy deduction for our children, can we split the deduction?
    Deductions for dependent children may only claimed on one return. Typically when a divorce decree is entered, a schedule is created outlining parent receives this dedcution, and which years. If there is no formal agreement in place, then the deduction typically is granted to the primary custodial parent.

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    I send my ex-spouse monthly child support payments. Can I deduct these payments from my taxes?
    Child support payments may not be deducted from your taxes.

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    My child is a college student, and I still claim him as a dependent on my taxes each year. May he also claim himself as a dependent on his own tax return?
    In this case, you child may not claim himself as a dependent. The IRS grants only one dependency deducution for each person, regardless of who takes the exemption.

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    What is the "marriage penalty" and will I be subject to it?
    A "marriage penalty" occurs where a married couple, filing their taxes under the married filing jointly status, is liable for more tax than the they would be if they had identical incomes, but were single, filing individual returns. The marriage penalty has virtually been eliminated given federal tax changes implemented in 2004.

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    Does it matter how many allowances or dependents I claim on my W-4 Form? Will it affect my paycheck?
    The number of allowances or deductions claimed on your W-4 Form dictate how much of your wages your employer should withold for the pay period. Your employer then forwards these withheld wages to the IRS to be applied toward your yearly income tax liability. The more dependents claimed on your W-4, the less your employer will withhold from your pay check, thereby giving you more take home pay each pay period. However, keep in mind claiming more dependents for your regular paycheck means that less is being applied toward your annual income tax liability each pay period. Consequently, you may have to pay more, or receive a smaller refund, when you file your annual income tax return.

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    Do I really need a Will if I just want to leave my property to my spouse or children?
    The decision of whether to execute a Will is a personal one. In the State of Iowa, if you do not have a Will, your property will pass to your heirs according to the State's pre-determined guidelines. Executing a valid Will allows you to direct where and how your property will be distributed. This offers a great deal of peace of mind and helps reduce uncertainty.

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    Why should I have a Will - I don't have much money?
    Regardless of the value of your property and assets, a Will serves several important purposes. First it directs who, and in what amounts, your property will be distributed to. Second, a Will allows you to appoint an Executor to administer your estate. Without this nomination, the court will decide who handles your estate. Lastly, most people would be surprised at the size of their estate. Especially when you factor in life insurance, pension or 401k plans, owning a home, and all other assets and possessions which you own.

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    All I really care about is who will receive custody of my minor children when I die - So why do I need a Will?
    This is the primary reason that many people execute Wills. A validly executed Will offers a parent the opportunity to nominate a care giver for his or her minor children. The person nominated is called the "Guardian".

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    What is "Probate"?
    Probate is the court supervised procedure by which a person, either appointed through your will or by the court if you do not have a will, gathers your property, pays your debts and any taxes due, and then delivers the balance of your remaining property to the people or organizations that you have chosen in your will, or per the state's guidelines if you do not have a will.



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    If I don't have a Will, does my estate still have to go through probate?
    Yes. In most all situations, Iowa law requires that your estate be probated, regardless of whether or not you have a Will or your estate's value. If you do not have a Will, the court will appoint the person to administer the estate, and your assets will be distributed to your heirs according to the state's predetermined guidelines.

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    What are the requirements for a Will to be valid in Iowa?
    A valid Iowa Will must be written or printed (not oral) and signed by the willmaker in front of two disinterested witnesses (non-family members or beneficiaries of the Will). Also, the Will must be made without any influence on the Willmaker. Lastly, the willmaker must know and understand the general extent of his or her property, and what he or she is signing.

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    May I completely exclude my spouse from my Will?
    Under Iowa law, you may completely exclude your spouse from receiving any money or property under your will. However, your spouse has the right to "elect against the will". If the surviving spouse elects against the will, then he or she is entitled to receive a certain percentage or your estate, and/or possibly the house in which the married couple resided in.

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