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  • Posted on 3/23/2017 What does all this tort reform mean to Americans?

    For the past three days I have covered the workers' compensation and the medical malpractice bills currently before the Iowa legislature. If you've read the articles you should have some idea of what I'm talking about. If not, then read the articles listed below.



    And what does all this mean to working Americans?



    It means that big business, corporate America, owns the legislative branch. It means that our elected officials are more than just beholden to those making campaign contributions. It means corporate America owns the legislature.



    That’s why when you question elected officials their answer is always just the party-line and nothing more. It is why the Congressmen and Congresswomen simply repeat what the Party told them to say. Talking points is what they call them.



    The goal of our elected officials is to say nothing that can be used against them. Just get re-elected. 

  • Posted on 3/22/2017 What happens when the work comp doctor commits malpractice?

    People call and ask this question, Can you sue the company doctor when medical malpractice is committed?



    Anybody can sue anyone, but even though you can sue them, you are probably not going to sue the company doctor who commits malpractice in a workers' compensation case. They are insulated with rules that limit the patient's recovery to a measly amount. 



    Practically speaking, it is because finding a lawyer who knows what he’s doing, and then is willing to spend the money on experts when all the damages are precluded, makes little sense to honest professionals. Let's look at why.



    Here are the rules in medical malpractice cases.




    1. You can’t recover for medical bills if already paid by insurance.

    2. You can’t recover for damages paid for by other insurance.

    3. According to a bill currently making its way through the Iowa legislature, pain & suffering damages will be capped at $250,000.



    So why is this a problem for lawyers? First of all there won’t be a line item on the jury form for medical expense, none probably for wage loss, and perhaps none for reduced earning capacity. All that is left is a line item for pain and suffering.



    Damages are severely limited and what is allowed is capped.



    Lawyers have to advance the litigation expenses. And because experts are expensive clients don’t have the money to advance and lawyers are taking all the risk. We can spend up to $125,000 on hiring medical experts. That $125k is just the money it takes to hire the expert. That amount does not include legal or lawyer fees. So consider this, if all you can recover is pain and suffering damages, damages that are limited to the tune of one-half of what you can recover, then is it really worth the risk? The answer is no.



    Let’s do the math.




    • Assume you recover the entire $250,000.

    • Now subtract 40% for a contingent fee.

    • Now subtract $125,000 for expert witnesses.

    • The net is a measly $25,000.



    It’s not worth the time or the risk of losing all the litigation expenses we have to spend. This is why the insurance industry, and the industry that supports bad doctors, wanted to limit how much you can get paid for pain & suffering. P&S is where the legal fees are normally paid. They knew it; the Republican legislators knew it and they screwed all the seriously injured patients.



    No lawyer in his right mind would take this bet.



    Would you? Would you advance $125,000 to maybe make $100,000 and hand your client a measly $25,000? No, that's not fair to the seriously injured patient.



    And consider this; to win you have to go through a jury of people you don’t know and one sour apple sinks your chances of winning.



    The idea of medical malpractice cases in a workers’ compensation case is a bad one and for that reason alone it is not going to happen.



    And so when the company doctor commits malpractice you’re screwed and he gets to drive his Mercedes over for another round of golf. Which is another reason why in a workers' compensation case, the insurance company picking the doctors is so unfair to the injured worker. The patients aka the injured worker takes all the risk. 

  • Posted on 3/21/2017 Iowa Employers Are Your Executioners

    When injured at work, Iowa’s employers and their insurance companies get to choose the treating doctors. You, the injured worker have no choice or say in the matter. They pick, you show up, you cooperate, or you get no care. It’s that straightforward.



    Have you ever thought that one through? Who are these doctors and why were they chosen?



    In workers’ compensation many doctors are good, and many are terrible. So why would an insurance company continue to choose a bad doctor?



    Because that bad doctor will say whatever the insurance adjuster wants and they want doctors to say whatever saves them money. You see the choices have nothing to do with what is good for you. The Iowa policy on who gets to choose the company doctor is about encouraging lousy doctors to be able to practice in rural Iowa.



    Bad doctors can’t get patients to walk in the door without someone sending them. Patients are people. They are consumers. And consumers demand good doctors and don’t go back to bad doctors. Consumers talk about who is good and who is bad and so bad doctors need that constant referral source of injured patients.



    Where do bad doctors go to get new patients?



    Work comp is a steady pool of patients. Injured workers are one of those referral pools. The pool keeps filling up with injuries from the workplace. Injured workers are a good way to fill up a day’s appointment calendar with a captured pool of patients who the doctor really doesn’t have to worry about impressing with his or her bedside manner. That’s because you don’t have any say in being there.



    Now get a load of this. It’s an idea I doubt you’ve ever gave much thought to.



    If you need surgery would you be more comfortable with a doctor you picked or one someone trying to save money picked for you? I'm not but that is the system we have and we have to make the best of it. There are instances where the workers' compensation insurance adjuster actually listens to the lawyer and allows a referral. But the chances of that happening depend on documenting the issues. You need to know how to work your case the right way. Just getting mad is not the right way to go about a change in care. Call us if we can help.



    Next up, how does workers’ compensation medical care intersect with medical malpractice law? And, if you’re seriously injured will any lawyer ever take your medical negligence case against the company physician? You may be surprised, but not in a good way.



    Now read the blogs from Monday, Tuesday, Wednesday and Thursday; then consider the impact of medical malpractice and how you have no say in who treats you after they commit malpractice your right to recovery has been destroyed and even if you can recover the amount will never cover your expenses. [This will be updated at week's end.]

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!

High Speed Police Chases

High-speed police chases happen all around us, and at unpredictable times.  There is no telling when we may witness one occur near us, or when we or someone we know will be unintentionally involved if an accident is caused by the chase.  When such high-speed chases occur in close proximity to other cars and people, the risk of accidents causing death or injury to bystanders is high.  The law is complicated in terms of when an injured bystander may be able to recover for injuries sustained in a high-speed chase.  Iowa has many on-point cases, but the facts vary from case to case and will vary in real life.  For instance, how long did the chase occur? Where did it occur? What time of day? What was the offense committed by the suspect being pursued? Was the suspect posing a threat to the public? If you or someone you know was an innocent bystander and suffered injuries, or death, as a result of a high-speed police chase, contact us today to determine whether you may have a case to pursue and what insurance coverage may apply to your injuries.

Workers' Compensation

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.

Large Damage, Major-Serious Injury and Death Cases

Damage cases involing death, brain injury, traumatic head injury, spinal injuries, loss of a limb or eyesight or hearing. Most law firms shoe every horse that comes into the barn. We won't and don't. We say no to most cases. We say "yes" to large damage cases so we can focus on getting you the best result.

Property or Real Estate related Injuries leading to Serious Injury or Death

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]

 

Client 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.

OWI-CDL Lawyers

Without a CDL you can operate. As a truck driver in Iowa an OWI can cost you dearly. Call these OWI-CDL Lawyers for HELP.

Unemployment Benefits in Iowa

If you’re unemployed or partially unemployed and are looking for an attorney to help you get the unemployment compensation you need, the Lombardi Law Firm is here to help.  Based in Polk County, Iowa, lawyers Stephen Lombardi and Katrina Schaefer practice statewide and are prepared to guide you through the difficult process of getting unemployment insurance benefits.

Where can you find legal help with your Iowa unemployment insurance claim? The Lombardi Law Firm is here for you. Call Steve and Katrina at 515-222-1110. 

Professional Licensure Defense for Doctors, Dentists, Pharmacists, Nurse Practitioners and Nurses

We assist the medical, dental, pharmacist, nurses and veterinary professionals with defense in civil matters having to do with the Iowa Board of Medicine and all other licensing boards. Call for a consultation.

Whistleblowers / Financially Ripped Off?

Financial crime has increased in America. The amount of retirement funds saved along with government fostering a gambling mentality has creating an environment where greed seems acceptable. Working people, honest people, young adults and the elderly need to be on the lookout to save their hard earned savings and to protect their futures. Join us with the Lombardi Law Firm as we create depository of blog posts that are all about financial rip-off stories that are in the news.

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