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  • Posted on 6/26/2017 Lawsuits, Are you “one of those people”?

    Why we file insurance claims and lawsuitsI don’t want to sue because I’m not “one of those people”.



    Most people have been brainwashed into believing that anyone who files a lawsuit or a workers’ compensation claim is someone who is taking advantage of the system. In today’s blog I will explain why this is simply not true. Persuading you to not file a lawsuit is all a marketing fallacy promoted by the high-risk insurance industry to keep claims down. The insurance companies insuring high-risk people and businesses do not want you to hold the people they insure responsible by making them pay.



    WHO IS TAKING ADVANTAGE OF ‘THE SYSTEM’?



    I have heard this statement spoken in my office more times than I care to count. If I had a $100.00 every time it was said I would not be writing this column. [Well, maybe I still would but just because I like what I do.] But you get my point. A lot, and I mean A LOT of people say this because they believe those filing lawsuits are somehow taking advantage of the system.



    In fact quite the opposite is true. Those who do not file a lawsuit are the one’s taking advantage of the rest of us.



    WHAT WE CAN ALL BELIEVE



    Here is the premise we can all believe in. No one likes to sue. No one likes to file a workers’ compensation claim. No one likes paying insurance premiums and no one wants to be injured by someone else’s stupid mistakes or belief that following the rules of the road do not apply to them.



    We can all buy into this premise.



    ARE WE ALL ‘ONE OF THOSE PEOPLE’?



    No one wants to file suit. No one wants to be seen as ‘one of those people’. I get that. But getting it, does not mean I agree with it. And it certainly does not mean you understand just how wrong you are when you say it. That is because, filing a workers’ compensation claim or a lawsuit to recover compensation is not really your choice. And filing one does not make you “one of those people”.



    WHY WE FILE LAWSUITS



    You see, the insurance policies covering you have subrogation provisions. A subrogation provision is a clause in the policy that says if someone else is responsible for your injuries or responsible to pay for your medical expenses caused by their actions and you can recover from them, then you will do what is necessary to recover the costs paid out by your insurance company.



    Allow me to simplify this.



    SHALL WE TRY AN ANALOGY?



    Let us say a friend of yours wants to borrow $100.00 from you. For whatever reason he is short $100.00 and cannot buy prescription medicine. You do not have a hundred so you ask me to lend it to you and when I do you lend it to him. So now you owe me $100.00 and he owes you $100.00



    For this example why he borrowed it does not matter, but for whatever reason, he never seems to pay you back even though he has money to go on vacations and to buy a new truck. And until he repays you cannot repay me.



    We are good friends and it seems only right that he repay you so you can repay me and we can stay friends.



    YOU AGREE TO REPAY ME FROM THE MONEY HE OWES TO YOU



    A day will come when you say to me, “Go ahead and sue him, I will assign my rights in the oral agreement (contract) he and I have to you, allowing you to sue him.” That is essentially subrogation and it is why you are not “one of those people”.




    • In this example I am your insurance company.

    • You are the person injured though someone else’s fault.

    • And your friend is the at-fault party.



    THE INSURANCE POLICIY INCUDES A SUBROGATION PROVISION



    Collecting from the at-fault party is a matter of the insurance agreement (insurance policy) you have with whichever insurance company paid your medical bills following the accident. It could be Blue Cross Blue Shield, or an auto policy like Progressive, or Liberty Mutual who covers your employer’s workers’ compensation program or even a short-term disability policy from Prudential. They all include subrogation provisions in their insurance contracts and when you participate in their insurance program, or are included and/or take advantage of the benefits of being covered you agree to seek repayment from at-fault parties who may be responsible for the accident.



    Essentially the decision is not for you. In workers compensation it helps to keep your employers premiums low.



    Suing is the responsible thing to do. Not suing is irresponsible.



    CONCLUSION



    And so in conclusion, most people who say they do not want to be “one of those people”, have been brainwashed into believing that anyone who files a lawsuit or a workers’ compensation claim is someone who is taking advantage of the system. It is exactly the opposite. You have no choice and are required to be “one of those people” who the insurance industry and its’ cadre of lawyers who wrote their insurance policies, force you to sue or file a claim. In their minds to do otherwise is irresponsible.



    It is just that simple, so get a grip because when you file to use the insurance benefits we are going to file a claim and if necessary, to sue.

  • Posted on 6/23/2017 Water park in North Carolina being sued over the death of a customer

    A young teen was with a church group when they went to a water park in North Carolina in June 2016.  During the trip, the teen was on a whitewater rafting trail and the raft turned over, causing the passengers to go overboard and they were immersed in the water.  The teen did not have any immediate injuries or reactions, but once back home in Ohio, she exhibited symptoms and was diagnosed at the hospital with a brain infection caused by Naegleria fowleri.  She died shortly thereafter.  The Centers for Disease Control and Prevention tested water samples from the North Carolina water park and the samples tested positive for the same bacteria.  



    The bacteria are found in warm freshwater and soil and the CDC spokesperson believed that the water park's sanitation process was unable to rid the water of the bacteria due to the amount and concentration of dirt and debris in the water.  The teen's family has filed a lawsuit against the water park for failing to properly chlorinate and maintain its water and to train its employees to regulate the facilities.  The lawsuit also alleges that the "water in the attraction was too shallow and the water filtration system was not not adequate to safeguard the public."

  • Posted on 6/22/2017 High School Baseball Games Leads to Serious Injuries in Iowa and Potentially Large Damage Award

    A Muscatine high school baseball player was struck in the head with a foul ball in 2011 when he was standing in the dugout. He was in the hospital for 12 days and now suffers from seizures, depression, and other effects of a traumatic brain injury. He brought a lawsuit against the school where the accident occurred, Davenport Assumption High School, claiming that the school was partially responsible for his injuries by failing to protect visting players.  The jury in the district court trial agreed with the plaintiff and awarded him $1 million in damages. The Davenport Assumption High School appealed and the Iowa Supreme Court agreed that the defendant should have been able to make additional arguments, including that their dugout conformed to normal safety practices for high school baseball dugouts and that the plaintiff was at fault for failing to maintain a proper lookout to protect himself.  The case will thus be sent back to the district court in Scott county and a new trial will commence that allows the defendant to present these new arguments.  A new jury may still rule in favor of the plaintiff, but it will be a different case presented and only time will tell.

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 bills. We specialize in representing car wreck victims with serious injuries and take control of every aspect of your case. Let us worry about how to prove 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 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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