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  • Posted on 9/25/2017 Insurance Adjusters and the Recorded Statement

    Iowa Workers' Compensation Surgical DenialBACK TO THE BASICS, THE INSURANCE RECORDED STATEMENT



    QUESTION, Asked by a Potential Client: I was injured in June of this year. I was asked by the supervisor if this was a previous injury. I responded no. I went back to work on the line, shortly thereafter, but I was sent home by the company doctor. I was laid up in bed (a nerve in the lower lumbar area of my spine). I went to the Human Resources and told them what happened. I saw an independent doctor on the 26th of June. I was put on modified duty, but my job never called so I guess I am temporary disabled. For the month of July, there was pain from just standing up, even sitting and lying down. The worker's compensation case manager sent me letters. I did not receive a call until the end of July. This adjuster calls and only then takes a recorded statement. He then (concluded) that I sought medical attention before I went to HR (medical release proved that) and then said that I told them it was previous injury. I was then told to see the company doctor. I was given an MRI (L4/L5) and the doc saw two herniated disk. I’m not being paid workers compensation even though I believe it’s owed to me. I have no money, no mileage check, nothing. My back had never previously been injured and now I have pain running down my right leg. Why are they not paying and what can I do to get benefits started?



    NOT TOO LATE, NOT YET ANYWAY



    ANSWER: It appears to me that you have a serious medical condition and without question, you need legal representation. The conflict in the medical history needs to be correced. The longer the inaccurate history is allowed to remain incorrect, the harder it will be to convince the right people that it is a mistake. If you don't get it straightened out, it's going to lead to a whole lot of trouble down the road and could cause no insurance company to cover your medical expense. Work comp will deny the claim and your health insurer will deny coverage, claiming you say the injury was work related. 




    "I’ve never seen a case where the adjuster refused to settle because the worker wasn’t asking for enough, or had not asked for everything they were entitled to under the law.", Attorney Steve Lombardi, a lawyer who has listened to it all for over 36 years.




    Before long you are between a rock and a hard place, with no where to go. So get help, get it now, before it is too late. 



    And so the short answer is to see a lawyer and if we can help you give us a call. 515-222-1110.



    Many injured workers have been led to believe that workers compensation insurance is a level playing field and that all workers will be treated fairly. The adjuster and nurse case manger are not your friends, no matter how friendly they may be.



    Nothing could be further from the truth.



    HERE ARE THE FACTS ABOUT IOWA WORKERS' COMPENSATION LAW




    • Workers without legal advice run the risk of being led astray to deny their claim.

    • There is no level playing field in workers’ compensation.

    • The case managers are hired to mismanage the case.

    • Frivolous claims are any claim they don’t want to pay.

    • Injured workers are regularly cheated by the process.

    • I’ve never seen a case where the adjuster refused to settle because the worker wasn’t asking for enough, or had not asked for everything they were entitled to under the law.

    • Claims are regularly denied for no legitimate reason.

    • Medical care is controlled by the company not the injure worker.

    • Injured workers have to live with the consequences of medical decisions.

    • Medical care is regularly denied by untrained and uneducated adjusters.

    • Anyone with a brief training program can be a workers’ compensation adjuster.

    • Insurance adjusters don’t have to give you a reason for denying medical treatment.

    • It’s your body and your life, yet they control the decision that can destroy it.

    • You don’t get to decide what medical treatment you will receive.



    Call the Lombardi Law Firm, 515-222-1110 - Call Today!



     


     
  • Posted on 9/22/2017 Insurance Practices: The injured person's recorded statement

    Which insurance adjuster is calling and why?WHY IS THE ADJUSTER CALLING, AGAIN?



    Question: Is it wise to talk to the insurance company who is repeatedly calling me? 



    Question Detail: My right foot slipped on a laminated restaurant menu that was on the floor. I did not fall, but I hurt my right knee and lower back. Like any middle aged person, I have suffered with pain, off and on, for years. I submitted an accident report to the business. I have taken no further action. Just curious as to why their insurance company is calling me.



    WHICH INSURANCE ADJUSTER IS CALLING AND WHY?



    Answer: You haven't provided information about why they are calling you and how this insurance adjuster relates to your claim. For instance, is this your own homeowner's insurance or your health insurance company or an adjuster representing the restaurant's insurance company. With those limitations let me see if it is possible to provide you with some direction.



    Many lawyers, including myself, have written about recorded statements with insurance adjusters. See my own list of blog posts below. If you check our websites you can find blogs written about the do's and the don'ts of claim's practices. There can be many problems with the recorded statements we read after we are hired.




    "Stop talking, stop talking and then stop talking. When giving a recorded statement you are not required to fill space with the sound of your voice. Answer the questions and then be done with it. And prepare. Review the facts, know what you intend to say about how the accident happened and your theory of why the property owner or possessor is at fault." Attorney Steve Lombardi




    HOW DO I AVOID MAKING ERRORS WITH MY RECORDED STATEMENT?



    The basic problems with clients giving recorded statements before speaking with an attorney include five main issues.




    1. A lack of adequate preparation.

    2. Being unfamiliar with the facts.

    3. Rushing to get it over with.

    4. Not understanding the importance of giving a recorded statement.

    5. Not understanding  the law and how it affects recovery.



    JUST THE FACTS, STAY ON POINT



    You have suffered an injury and it may be a lot more serious than you first believe. You should assume your condition will get worse. It may not but what if it does and the statement you gave implied this was no big deal. We have clients with similar types of accidents who end up needing knee and hip replacements. Some people also develop problems with the opposite knee or hip because they try and protect the injured extremity at the expense of the good one. And then others develop low back problems after experiencing a change of gait. A change of gait is how you walk.




    Insurance Practice: A recorded statement requires preparation beforehand; not a cavalier attitude about what you say.  Attorney Lombardi discusses the five basic problems when clients have given the insurance adjuster a recorded statement, but have not taken the time to adequately prepare.




    The importance of being adequately prepared for the recorded statement can’t be stressed enough. What I would suggest is you see an attorney who practices personal injury before you give a recorded statement. Allow the attorney to review the facts, the law and to prepare you to give an accurate statement of what happened and why.



    ARTICLES ABOUT THE INSURANCE RECORDED STATEMENT





    Claim Centers



  • Posted on 9/21/2017 5 Mistakes Injured People Make in a Workers’ Compensation Accident Case

    The insurance recorded statementPENNY WISE, OR ... POUND FOOLISH?



    We are continuing on with the series about the mistakes people make in personal injury cases. Workers’ compensation or work-injury cases are personal injury cases. Workers' compensation claims start off "on the job". This is one area I really like. But when simple mistakes are made, mistakes that destroy the value of the case, I get frustrated with how most of this could be avoided if only the client or lawyer better understood the game that is being played.



    THE  GAME OF INSURANCE CLAIMS



    When you make a serious mistake, sometimes we can fix the problem, but most of the time lawyers simply refuse to take the case because your mistake simply can't be fixed. In the past two years I have settled for half value at least three cases where the clients made serious blunders that should have been avoided if we’d been hired at the outset.



    PROTECTING YOUR WORKERS' COMPENSATION BENEFITS



    Let me help you to avoid being a victim of your own poor judgment. Here is where and how mistakes are made. These mistakes really hurt the value of your case and in some instance, destroy any value.




    1. Fail to report the injury to your supervisor within 90 days of the injury date.

    2. Fail to accurately report the injury and in terms that how you were injured is clear.

    3. Fail to get legal advice before giving a recorded statement.

    4. Giving a recorded statement and talking too much about things having nothing to do with the accident or injury.

    5. Failing to give the first doctor the same description as the one you gave your supervisor about how you got injured.



    LIFE ISN'T SO SIMPLE IN WORKERS COMPENSATION



    After you commit any one of these five sins your case can go south. In workers’ compensation there are so many ways to screw up your case that for me to cover them all would take a month of Sundays. What I would suggest is you hire a lawyer to help you to stay out of trouble. 



    ACT NOW, CALL TODAY!



    Good luck with your case and if we can help, give Barbara a call to schedule a phone conference or in-person conference. 

Des Moines Accident Attorney Serving All of Iowa And Answering Questions About Personal Injury Accidents

Straight talk when you need it most because "There's nothing more thrilling than nailing an insurance company!"

Exploring Recent Personal Injury News From Around the State of Iowa

What's my case worth? What should I do right after the accident? Why is the case manager working against me? These are all questions we are often asked and the answers can be found right here at the Iowa Injury Law Center. If you have a question that isn't answered or just want to talk to a personal injury lawyer, contact Steve or Katrina by dialing 515-222-1110 or writing to [email protected] or [email protected] They look forward to speaking with you.

Personal injury law is our business and for the past 35+ years Steve Lombardi has assisted over two thousand clients with personal injury. Clients come from all over Iowa, we do travel and have handled cases in most of Iowa's 99 counties along with injured people just traveling through Iowa. Steve has handled cases in Montana, Nebraska, Minnesota, Missouri, California, Florida and Texas just to name a few. Let us help you or at least help you get to the right attorney. Currently the worst personal injury cases come from interstate highway accidents, drunk driving collisions, rollover accidents, work related injuries, explosions, electrocutions, falls and spinal chord injuries. We've handled most every type of personal injury case in Iowa and would like to evaluate your case. So call us before you talk with the insurance adjuster.  Katrina and Steve can help you. Call today.




  

We pride ourselves on telling you what you need to hear, not necessarily what you want to hear.

Accidents.  They happen anywhere, anytime.  You cut your finger with a knife in the kitchen.  You spill your morning cup of coffee.  You slip on a patch of ice and fall.  Accidents at home are painful and perhaps embarrassing but certainly manageable.  When they happen on the road or on the job, however, they can become a real challenge to putting food on the table and paying the bills. The insurance industry is not there to treat you fairly, because what is fair to you may not be considered fair to them and their insured. You need good representation; someone to help you understand how to win. Keep in mind the insurance industry wants you to lose.

Whether you’re involved in a serious car wreck, an accident with a truck, or hurt on the job, you’ll find yourself potentially out of work and out of money.  What if you lose your eyesight or a limb?  Your bills will pile up, especially those never ending medical bills that can result in your insurance company raising rates or worse yet, refusing to cover you.

Even though you’re the victim, it will seem as if nobody wants to help you and everyone who is supposed to be helping you, wants to blame you. Trying to handle the situation without professional assistance can be just as terrifying as the injury itself.  

At these times, personal injury attorney Steve Lombardi and Katrina Phillip can help.  With over thirty years of experience representing personal injury clients in central Iowa, Steve knows the law and can help you to achieve THE BEST result.   His practice includes personal injury cases; car, truck, motorcycle, and boat accidents; major injury cases including brain damage, loss of limbs, loss of eyesight, death and surgical cases; workers’ compensation; professional malpractice; and a limited number of divorce cases in which significant and valuable property must be divided.

Lombardi Law Firm is located in West Des Moines, Iowa, and serves clients from Polk, Dallas, Madison, Warren, Clarke, Cerro Gordo, Jasper, Linn, Wapello, Clinton, Scott, Pottawattamie, Muscatine, Lee, and Johnson counties, including accidents occurring along the interstate highways I-80, I-35, I-235, and I-380.

Steve Lombardi is the kind of lawyer who cares deeply about his clients.  Just like many of his clients, he too has experienced the breakdown of the health-care system.  When he was thirteen, his father died of lung cancer. For two years before his father’s death, the primary care physician diagnosed a pulled muscle. No x-ray was taken. Had this simple test been ordered the lung cancer may have been diagnosed and his life saved. He died two years after a specialist ordered an x-ray. Before going to law school he had never been in a lawyer’s office, because his family couldn’t afford legal services. Today he is there for his clients.

From those experiences, he draws a great desire to help his clients win their cases involving any type of malpractice, and serious injury, a desire to help his clients find some justice in an imperfect world.  He prides himself on always telling clients what they need to hear not just what they want to hear.

In the pursuit of justice, Steve Lombardi believes his clients are necessary partners in building the evidence that will be used in court:  active, responsive clients with some understanding of the process have the best chance of success.  He is passionate about the work he does and enjoys working closely with his clients to collect the evidence supported by the legal theory.  He believes there are no small issues in a case because every detail could turn a case in the client’s favor. 

Steve Lombardi works very hard to positively impact his clients’ lives.  And while he recognizes that not every case can be won, he simply hates to lose.  Justice delayed is justice denied. You can be sure Steve Lombardi will use all of the legal tools available to fight for you, and to win your case.

So call us and let us HELP YOU TO HELP YOURSELF!

Iowa Car Accidents

Let us do the work, remove your worries and deal with the hospital, the doctors and the insurance adjusters. We specialize in representing car wreck and truck accident victims who have suffered serious injuries. We take control of every aspect of your case. Let us worry about how to prove who was at fault in a car accident. And how to prove your damages.

Truck And Tractor Trailer Accidents

Although tractor trailers are a vital part of the American economy, their presence on the roads presents a significant when they are involved in and cause an accident. The accidents are often severe, resulting in spilled products, bad wrecks, and possible death. If you are injured in an accident involving a tractor trailer along the highways of central Iowa, Steve Lombardi of the Lombardi Law Firm in Des Moines can help you handle these troubling times. Call 515.222.1110 for a free consultation.

Workers' Compensation & Employee Rights

If you are injured while on the job, you are entitled to worker’s compensation benefits that pay the medical expenses and cover a percentage of lost pay. Although the process is relatively simple, adjusters complicate it. For you to get the full value of your claim is a time-consuming and potentially complicated issue.

Property & Real Estate Injuries

If you’re injury or death case happened (caused) on property (real estate) you need to get a qualified legal opinion that will result in a successful insurance claim and lawsuit settlement or verdict. You need a lawyer on your side that is licensed as a lawyer and licensed as a real estate broker. As a lawyer with a client, but who doesn’t practice in this area full time you need direction and a lawyer who can act as co-counsel. We handle referral work all over Iowa and pay thousands of dollars in referral fees to Iowa’s rural practice lawyers. If you’re not sure there is a case call or email Attorney Lombardi and find out; this consultation is usually free of charge. 515-222-1110 or [email protected].

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Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death