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Lombardi Law Firm

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  • Posted on 4/28/2017 What happens to the insurance claim when a passenger dies?

    We currently have several passenger cases where there is either a serious injury or a death. The death cases are a special sort of case in many different ways. We handle these differently than we do the serious injury cases.



    The Wrongful Death Case



    First and foremost, we will be required to open an estate and to have someone appointed to assist us in making legal decisions. Keep in mind the person injured died and so initially the Court appoints someone to work with the lawyers in handling the insurance claims. They serve as either an administrator (no will) or an executor (chosen by the terms of the will). Later on in the case, this administrator or executor help us to decide how to divide the money, who gets paid and which claims to pay. Lawyers call this the probate process.



    The lawyers also need someone to make decisions as the case progresses. Some of these decisions are simple, others require a lot more discussion and thought.



    Opportunities Requiring Decisionmaking




    1. To file suit or when to file suit.

    2. Where to file suit.

    3. Who to sue.

    4. When to make a settlement demand.

    5. How much to demand for settlement purposes.

    6. Which experts to hire.

    7. Whether or not to engage in mediation when appropriate.

    8. When to settle.

    9. To sit at counsel’s table during a trial.

    10. Literally, to speak for the person who died.



    Personal injury accidents resulting in the death of the injured passenger, worker or pedestrian always require someone other than the injured person to make decisions. In Iowa, who might be a qualified candidate can include the spouse, an adult child, a relative, a significant other, a banker, a family friend or even a family lawyer. The important thing to keep in mind is who receives part of the recovery depends on whether or not there is or isn’t a will. And that is a different discussion entirely from today's blog. 



    As always, if you have questions about the things we write about, then call to discuss having us handle your case.



    Additional articles about how to avoid problems with your wrongful death claim.



  • Posted on 4/27/2017 Take the time to fully describe your injury

    We have a client whose case has problems that could have been avoided if they just taken more time to fully describe their injury. We understand he hurt, he was tired and he was hopeful he’d be right back to work, but I can’t stress the importance of today’s point.



    Take all the time you need to fully describe every area of the body that is hurting from the injury.



    Generally here is what we are talking about: A description that you injured your shoulder, when in fact your neck, under the arm and your back hurts will do you no good in the long run. When asked you have to say, “I hurt my neck and back too.” Don’t just think it, say it.



    The shoulder is one injury, the arm another, the neck something else and a back far more serious. Together they are a completely different case.



    The injured worker who does not take the time to explain to his or her doctor the full extent of their injury will later find out why it was important that they did.



    I won’t state more than this today about why you need to more fully describe your injury, because we write about the why’s in other blogs. The important point today is to understand the importance of not stating you have a simple “shoulder injury” when it goes beyond the shoulder.



    Here are ten opportunities that over time have proven to our firm the importance of an injury’s full description.




    1. Right after the injury occurs with co-workers who can hear or see you.

    2. After the injury when you report it to your supervisor or HR.

    3. If an ambulance crew is called you will be asked, “What happened and where do you hurt?

    4. In the emergency room by the hospital staff. Again, during the history you will be asked, “What happened and where do you hurt?

    5. After the emergency room staff nurses ask you for an injury description you will meet with the doctor who will again ask, “What happened and where do you hurt?

    6. On a daily basis the nursing staff do rounds and check in with patients to find out how they are doing and if you are getting better. They too will ask, “What happened and where do you hurt?

    7. The doctors also do rounds and ask this same question of you, “What happened and where do you hurt?

    8. When you go for x-rays, physical therapy, have a consult or are in contact with hospital staff during your stay, you’ll be asked, “What happened and where do you hurt?

    9. The doctor who discharges you will also ask.

    10. And then you are discharged and continue to do follow-up with your family doctor or orthopedic surgeon who will again give you the opportunity to fully describe your injury.



    Conclusion



    Trust me when I say, you will do yourself no good with describing an injury as just to the shoulder when it includes the neck and back. If your injury includes your back, your ribs, the torso or your neck then you must say it to someone, somewhere along the chain of medical care. Each one of these engagements with medical treaters is an opportunity to correct your under-description. And so take the opportunity to say it, because if it’s not in the medical record then some people in the industrial commissioner’s office will want to believe your compensation is extremely limited. And if you have failed to say it, then correct it at your next visit.




    “Doc, my neck and back are also hurting. Can you do something for my neck and back?”




    As always, if you have questions about the things we write about, then call to discuss having us handle your case.



    Additional articles about how to avoid problems with your work injury claim.




    1. Workers’ Compensation and Employee Rights

    2. 5 Mistakes Injured People Make in a Brain Damage Accident Case

    3. What is my shoulder injury case worth with surgery?

    4. Iowa workers' compensation, forget that shoulder injury

    5. Tire Workers and Shoulder Injuries Are Common | Lombardi Law Firm

  • Posted on 4/25/2017 Headline Iowa News, Chris Soules and a fatal car accident

    Monday evening there was apparently a car accident in Buchanan County. The Iowa State Patrol published this report shown below. Reporter Rheana Murray with USA Today published this news article online. 'Bachelor' Chris Soules arrested after fatal car crash, according to police



    This isn’t looking good for the former Bachelor. The crash allegedly happened north of Aurora, Iowa. And according to Murray’s article, The crash happened north of Aurora, Iowa. Soules, 35, is from the nearby city of Arlington, Iowa. Police said Soules left the scene without his truck and was later arrested."



    Minimal Crash Report:






























































































     Case Number:



     2017012168



     Type:



     Fatality



     County:



     10














     Crash Date:



     04242017



     Time:



     2020












     Location:



     1000 BLK W45 N OF AURORA




     















     Vehicle 1 Year:



     2008



     Make:



     CHEV



     Type:



     PICKUP












     Towed By:



     ROADSIDE TOWING














     Driver Name:



     CHRISTOPHER D SOULES



     Age:



     35












     City & State of Residence:



     ARLINGTON,IA




     















     Vehicle 2 Year:



      



     Make:



     DEER



     Type:



     2640 JOHN DEERE












     Towed By:



     ROADSIDE TOWING














     Driver Name:



     KENNETH E MOSHER



     Age:



     66












     City & State of Residence:



     AURORA,IA




     











     Injury 1 Type:



     Fatality














     Name:



     KENNETH E MOSHER



     Age:



     66












     City & State of Residence:



     AURORA














     Seatbelt Use:



     No



     Life saved by Seatbelt:



     No














     Transported To:



     MERCY HOSP OELWEIN



     Transported By:



     OELWEIN AMBULANCE




     











     Summary:



     












       



    VEH 1 WAS SB ON W45 FOLLLOWING VEH 2, VEH 1 REAR ENDED VEH 2, VEH 2 ROLLED

    INTO EAST DITCH AND VEH 1 WENT INTO WEST DITCH, ACCIDENT REMAINS UNDER

    INVESTIGATION, ALL OTHER QUESTIONS CALL BUCHANAN COUNTY AT 319 334 2567,

    ACCIDENT ASSISTED BY BUCHANAN CO, FAYETTE CO, OELWEIN AMBULANCE AND FIRE,

    UPDATED INFORMATION




     













     Officer Name:



     298 DRISCOLL



     Post:



     10












     Assisted By:



     OELWEIN AMB, FIRE ,





     

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

If you believe you can represent yourself in your car accident case and receive the claim you deserve, think again. We specialize in representing car wreck victims and are very detailed regarding every aspect of your case. There’s a great deal of effort that goes into proving who was at fault in a car accident.

Truck And Tractor Trailer Accidents

Although tractor trailers are a vital part of the American economy, their presence on the roads presents a significant problem while car drivers fail to respect them. 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 an individual is injured while on the job, he or she is entitled to worker’s compensation to pay the medical expenses and help cover a percentage of lost pay from mandatory time off. Although the process is relatively simple, getting 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]

 

Trial Deposition Preparation

Lombardi Law Firm believes in trial preparation. We don't rely on luck to win your case. Instead we prepare you from the first moment we talk with you. What we do is listen to how you talk, think and most importantly answer questions. You can be successful if you are prepared correctly. Not all attorneys take the time to properly prepare their clients. We do.

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