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Lombardi Law Firm
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Phone: 515-222-1110
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Workers' Compensation:

Sodium Hydroxide

Iowa Work Place Safety for Workers Injured and Entitled to Workers Compensation

What happens when a train and semi-tractor trailer truck collide?

Pedestrian Collisions Causing Injury and Death:

Connecticut Pedestrian Struck Gets Caught on Tape

Pedestrian Safety is nothing to ignore

Hiring the Right Lawyer is necessary for pedestrians hurt by traffic

Car and Tractor Trailer Accidents:

SUV Sideways Slide and Crash Caught on Dash Cam

Teen Logic: If Teen Driving and Texting is Fun Why Is She Crying?

Teen Logic: Does texting while drivng make you feel connected?

Large Damage, Major-Serious Injury and Death Cases:

ATV Accidents

Some bad ATV crashes

How the Credit Crisis began and why it escalated

Cheerleading Safety and the Law of Cheerleading:

Cheerleading is leading cause of catastrophic injury in young women

THE SPORT OF CHEERLEADING

Groundskeeper and Maintenance Workers:

Snow removal at Iowa State University or ISU

Removing and blowing snow on a city street

Snowblowing in the Old Port of Montreal

What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?:

WRONG-SITE SURGERY AND HOW TO AVOID THIS MEDICAL ERROR

How to Avoid Wrong Site Surgery Cheaply

Who is at fault when a wrong-site surgery occurs?

ATV, Bike & Motorcycle Accidents:

Iowa Motorcycle Collision or Wreck - Head on crash

Motorcycle Crash - Police Roadblock of Escaping Bankrobber

Motorcycle Crash - Head-on Collision

Construction Site Accidents:

Iowa Fall Protection for Construction Workers

Construction site equipment demonstrating the use of heavy equipment

Construction Worker Safety: A safety culture may have saved worker's life

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Wal-Mart worker killed when crowd of Black Friday shoppers trampled him

Trench Collapses On Pittsburgh Man

Whistleblowers / Financially Ripped Off?:

Have you ever wondered why someone could get paid to do something wrong?

Deforming Civil Rights through Tort Reform:

Mr. Fancy Pants

FOX News Whistle blowers. UNBELIEVABLE!!!

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FDA News - Recall of Sprint Fidelis Cardiac Leads

Heart device recall by Guidant and Medtronic

Medtronic Recalls Certain Defibrillators (April 2005)

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Food Safety: Georgia Peanut Butter Paste and food poisoning

Food Safety: Can Salmonella food poisoning cause kidney damage?

Food Safety: Peanut butter and food poisoning

Whistleblowers - Fraud:

Let us help you to help millions

An example of Medicare fraud

Medicare Fraud: Whistle blowers can save the Federal government $100M per year

Practice Tips:

Law Marketing Firm | 6 Power Tips for Creating a Law Firm Marketing Plan: Part 1

Law Firm Marketing | 4 Myths that Keep Attorneys from Building a Referral Based Practice

The Virtual Law Firm

Movies - Law Related and Worth Watching:

1996, A Time To Kill , John Grisham

To Kill A Mockingbird

Erin Brockovich

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Car Accidents - Crash test for a 2007 Mazda CX-7

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FAQs

Car-Truck-Cycle Damage Q&A's

Who is responsible for the accident if we hired a company to transport a consultant? We were hired by a private company to transport their IT consultant. A vehicle from us was accidentally smashed by a truck and my pick up vehicle is a total wreck. One passenger is dead. Now I want to know who will pay for the hospitalization of the driver? Is it the company who hired us? Or the owner of the pick up vehicle?

The insuance company wants to take a recorded statement, is there any reason why I shouldn't or what should I be on the lookout for?

If I have a 5th wheel trailer can I pull a boat behind with a ball hitch?

Workers' Compensation

What can I do if I was hurt at work and my employer has not helped me yet? I got hurt at work over a month ago and I am in need to get a MRI and the company keeps putting it off. They did not turn it in to workman's compensation and I need to see what's wrong. I am having a lot of pain. What can I do?

What can I do if worker's compensation won't communicate with my attorney? I slipped and fell at work on the school bus steps. I hurt my back and the xray and MRI says I'm fine but I can't function and I am in constant pain. The doctor says I have lower lumbar pain and my left sciatic nerve is giving me problems. I went to physical therapy but workers comp only approved 12 visits. I have a list of restrictions. Workers compensation won't approve my 2nd opinion on my back and won't approve any more therapy and they just started pay me but they are under paying me. On January 13th, I would have been off work for 3 months. I have an 11 month old child and due to non payment from workers comp I lost my apartment and my lights and water got cut off. I had to pull my child out of daycare. My job won’t let my come back unless I am free from restrictions and free from doctors’ care. If I do a settlement case with my job and workers comp how much do you think I'll get? Because I am so far in debt and now I have to go to court over the apartment I just lost. and yes i do have a lawyer but it seems as if he can’t do anything either. workers comp wont communicate with him or email back they won’t correct my amount or back pay me so I'm like what do I have a lawyer for again?

Can I sue my employer if I was injured at work after several months?  I got hurt while working at a company. They treated me for tendinitis and kept me working under lifting restrictions. Seven months later they found an almost 2 inch tear in my rotater cuff. I had surgery then physical therapy for 5 months. After about 3 months of progress at PT I started having severe pain. I returned to the doctor and was put on an anti-inflammatory. I am still currently taking them. A few months prior to having or even knowing about the surgery, I had plans to move closer to family. I had asked my job if my injury would affect my transfer, I was told 'no not at all' they even helped me put in the transfer request. I recently made the move from Pennsylvania to Nebraska. I am now being told that I am non-transferable. I have been with this company for over 3 years, had an excellent annual evaluation, and did everything they asked up until the move. Due to the continuous inflammation and pain, I'm unable to do previous jobs or personal tasks. Do I have a case? Could I sue for continued medical care or a settlement?

Life on Campus

Can I sue for my account being banned due to using another account that violated the TOU? After playing a game with another account that had violated the TOU, my account that has done nothing wrong was banned from the service, there was no warning, or even notification of a ban. Would I be able to make a case for a suit, or are there no laws on digital services? I have tried to contact the developer, as well as another software company, but they refuse to do anything about it.

Can I sue for personal injury if my brother was severely injured in a group home? My brother, a required 24 hour supervision disabled person, was under a care of a group home over the past weekend. However, they weren't watching him closely and according to the group home manager, my brother broke his leg and injured his neck while opening the door. From the looks and required treatment, doesn't look like this is what happened. My brother had to be put under and undergo surgery on his leg. I want to know what we can do legally.



Can a minor collect a settlement from a car accident? My son was under 18, and was in a car accident. Now that we are settling, he is now 18. Should the check be written to me or my son being that he was under 18 when it all happened?


I-35 I-80 I-235 I-380 Collisions/Accidents

What should I do if an attorney is trying to overcharge me for an auto accident case? On July 2010 I was rear ended while on duty. That day I was transported to the hospital and scheduled a follow-up with the workers comp doctors. Upon several visits the doctor advised that neck and hip pain were pre-existing, so I decided to get a Lawyer. I went to Lawyer A, who has represented me up until Nov 2011. On November 19, I received an email from Lawyer A, who advised me the insurance company wants to settle my case for $12,500 with me receiving $5,000. I advised Lawyer A that price would not work, because I have been seeking treatments (message therapy, and acupuncture) using my personal insurance. I did not know when I was using my personal insurance, depending on how the treating doctor codes it, the insurance company can seek for me to pay them back in the future (information told to me by Lawyer A’s staff) . In addition, Lawyer A’s staff advised me to not go back to my worker’s comp doctor because my bill was too high, and for me to see a personal injury and car accident doctor. When I advised Lawyer A that did not want to settle my case with the insurance company for $12,500 with me receiving $5,000, Lawyer A offered me $6,000. I advised Lawyer A that price would not work as well and I would contact their office at a later date. I then found Lawyer B, explained the entire situation to them and signed an agreement with them and terminated Lawyer A due to me not being satisfied with the services they provided me throughout the entire time. Almost a month later Lawyer B contacted me advising me that I was untruthful and they are deciding to not take my case because per the insurance company Lawyer A settled my case for $12,500 on November 19th, and a check was already overnight to Lawyer A’s office. Now that was unbeknownst to me. I then contacted Lawyer A and their staff advised me the insurance company was in a rush and just mailed them a settlement check in attempts to clear their books before the end of the year.

Can I sue the policy holder for injuries or just the driver? I was in an accident and the other driver was at fault. He is a high school senior. The insurance policy is in a different name but same address. If the limits are low, can I sue the policy holder or just the driver? I was injured and have had two surgeries. The doctor says I will likely need more.

Do I have a case against the car manufacturer for airbags that did not deploy? I was in a accident where my vehicle was struck in the rear, my passenger side air bag deployed and the driver’s side air bag did not. I had nothing sitting in the seat on the passenger side of the vehicle. I was going 60 MPH when I was struck by a vehicle going 95+. My vehicle then struck the dividing barrier on the driver’s side. (Referring to 2nd generation air bags)

Wrong-way Interstate and Highway Collisions in Iowa

Does my personal injury lawyer need to know if I intend to file for social security benefits? 

Can I recover compensation from an uninsured drunk driver? 

What should you do if you see a wrong-way driver?

Pedestrian Collisions Causing Injury and Death

In Iowa is a 16 year old able to sign a waiver of liability and consent that can be enforced by law? In a situation where a minor is receiving a piercing can they assume their own risk or does a parent or guardian have to sign the consent?

Why don’t the Amish hire personal injury lawyers?

How is negligence determined in personal injury cases? How is negligence determined in personal injury cases? Does negligence have to be established in order to collect damages in any personal injury case? 

Car and Tractor Trailer Accidents

How long should I want to hear back from an adjuster for a claim?  I was in an automobile collision where I was not at fault in Aug 2010. I suffered a broken foot where I needed surgery. The adjuster was very nice and indicated he wanted to get this settled quickly. He said I needed to wait until the doctor released me from care before he could settle the claim. In June 20, 2011, I sent him a letter with a packet of photos, copies of medical bills, pay stubs, explanation of the collision, etc. I also told him I expected to hear back from him 30 days from the date of the letter. On July 20th, 2011, He left a phone message saying he needed to get the medical bills directly from the facilities and needed to contact my health insurance for a lien (since they paid for most of my care). That was the last time I heard from him. It is now Jan 24, 2012 - over 6 months later. I did some research and found that the statute of limitations for personal injury is 6 months from now (2 years after the collision). Is waiting 6+ months to hear back from the adjuster as he collects this information Bad Faith?

Is it a valid excuse that my tire dropped off the shoulder just before I overcorrected, lost control and went over the center line, where the accident happened?

What can I do if I was involved in a car accident with no insurance? On Dec. 17th, I broke my pelvis when a car hit my car head-on. I was turning left at a green light, as though it were a green arrow in a moment of mental lapse. The truck was full speed as the light changed, as he was anticipating it as he approached. I have no insurance, and my plates were expired since I am unemployed, a single mom, and was waiting until after Xmas to take care of these expenses. I was dumb, I know, but what happens now? Am I going to be sued? How is fault determined in this case? Note: his 2003 Ford was also totaled by insurance, but he was uninjured.

Large Damage, Major-Serious Injury and Death Cases

When the negligent or at-fault driver dies will their insurance still pay for the other driver’s injuries?

Can a child be sued when he shoots another hunter? 

Do I have to cover someone's medical bills if I accidentally caused an injury? The guys hand was broke now we have to pay for the surgery and everything else. I offered that day to take him to get his hand x-rayed. He declined and then two days later took himself to the ER and found out it was broken then had to have surgery to put pins in it. I offered to help pay and have paid him $300 so far. Now his next bill he wants me to pay is $1030 and that doesn't included surgery bills yet. He said he will sue me if I don't pay all of his bills. When is enough enough?

Cheerleading Safety and the Law of Cheerleading

My mother is severely over weight and I am 18 years old and i take care of her back in August of 2009 she told the doctor that she is unable to come up and see him and he kept treating her to take away her medication and in December 2009 we finally convinced him to come to our home and see her well since then he is now trying to force her to go to a nursing home after he told her it was her choice and she has told him she doesn't want to go she is satisfied with the care I provide her and now he is refusing to refill her medicine and threatening to turn me into DHS can he do this i need help bad.

Are there any safety standards for high school and college cheerleading coaches?

Is cheerleading a contact sport?

Work-Comp For Doctors!

If my employer is filing for bankruptcy, can they still be liable if I was injured? I got hurt while in the workplace. I can't afford to cover the medical bills so I wanted my employer to take care of it. He told me that the company is going bankrupt and there is no money to cover this. Can he do that? What can I do?


I'm a doctor and we get a lot of referral work from this one workers' compensation insurance company, but frankly it bothers me how controlling the adjusters are in these case. It seems to me they think referring us work is leverage to sway my opinions on causation, permanency ratings and work restrictions. I think my opinions should be independent and without bias from the benefits of our referral relationship. What can I do?



Where can doctors get answers about Iowa workers' compensation law? 

What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?

Is it legal to perform a tubal ligation without written consent?

ATV, Bike & Motorcycle Accidents

Is there anything I can do to settle my health problems after an accident? Hit by car on bike, no treatment, and no police. Now shoulder hurts any recourse? This is not a hit and run, he paid for the damage to my bike, and I agreed he could do it out of pocket because it was less than his deductible and I thought I was fine. That night he gave me a ride home and did admit he did not look my way. He also loaned me a wheel for my bike which I did not use. He paid me with a check for the damage. I have pictures of my bike and his truck (license plate yes but a bit fuzzy) from the night. I have his name, address, phone number, and place of employment, and receipts from my bike repair. I will feel bad about renegotiating our agreement but my health is at stake. Is there anything I can do?

How do I file a claim after being in an accident? My husband was a cyclist and was hit by a car. How do I start a claim against the person who hit him?

How do I file a claim after being in an accident? My husband was a cyclist and was hit by a car. How do I start a claim against the person who hit him?

Construction Site Accidents

If a construction worker falls to his death, what if anything can be done legally?

There is a stress tag on the lanyard I use on the construction site. What is it for?

No one is using fall protection on the construction site. What should I do?

Injury - Property Defect-Animals

What if I was shopping at a store and got injured while trying out a product? I was shopping at store for kitchen tables. I found a nice table set with tall chairs like bar stools. When I went to sit on the chair, I fell 3 plus feet to the ground hurting my back. The store has taken liability and I have been contacted by (chartis) which is the insurance company. They told me to seek more doctor approval, but I have no insurance then they said they could do a claim for future medical expenses but they have been waiting on my medical bills for over 4 months. This happened in September. I'm still experiencing numbness in my right leg along with tingling back pains and headaches. These sometimes hinder my everyday tasks like my job.

What legal action should I take after suffering from slip and fall knee injury?  I had a slip and fall in a small family owned grocery store. I injured my knee had arthroscopic surgery, physical therapy and joint fluid injections and will need replacement surgery. Can you give me a ball park what I need to ask for this? I have bills equaling $20,000 already all paid out of pocket no insurance. Insurance company has admitted fault. Store had a video tape.

Can I sue the night club that let my minor daughter in if she was injured? My 19 year old daughter was let into a 21 and up nightclub and served. She was also hurt at the bar and required 7 staples in her foot after someone’s drinking glass broke and she stepped on it.

Whistleblowers / Financially Ripped Off?

Can I receive compensation for being a victim of domestic violence? Can I receive financial compensation for domestic abuse even if the abuse was psychological and verbal but not physical? I have a statement from a psychotherapist stating I suffered from battered women's syndrome.

How do I sue a nail salon for a wax burn? I was burned after an eyebrow waxing.

Can I sue for personal injury if my airbags did not deploy in a car accident? I recently rear-ended a vehicle on my way to work. I hit him hard enough to deploy the passenger side airbag, but not my steering wheels airbag. However, the thing is that I found out that the vehicle has been in 3 previous accidents prior to mine and was brought to the dealership. But my airbag was not deployed and I injured my shoulder, neck, head, and right knee in the accident. Can I sue the dealership because my airbags did not deploy?



Client Trial-Deposition Preparation

I have a quick question on depositions--I have read all your information.  I need to know if the opposing attorneys can make me give another deposition.  Three attorneys were present during my deposition, and the fourth "couldn't be there" and cancelled the first depo.  Then 3 months later, the depo went as planned, fourth attorney not showing up.  Now, a year later, the fourth attorney wants to take a depo. I say no, he can refer to the original depo for answers, I feel he is trying to trick me into something.  He has all the discovery --and copies of the depo--what is he up to???  Thanks for your help. 

What is an Interrogatory?

What is a deposition?

Tenant-Landlord Relations

Who is liable for medical expenses of someone shot in a home? Someone was shot in one of my rental properties. The tenants say they know nothing about it. The father of the victim (who doesn't live on property) has an attorney and is seeking damages. He claims his son was enticed into the property by assailants. 

Does the apartment complex have to pay me for my knee injury? I fell down cement steps at a apartment complex. I landed hard on both knees and hands on cement walk below. I had to be helped up. I fell on 10/18/11, but one knee is swollen but ok, the right knee is not. Does the apartment complex have to pay for me to see a doctor about the knee I fell on their cement steps?



Who is liable if someone falls outside the building I run my business in? If I have a business, but rent the building my business is in, and someone falls outside, who is liable if they file suit? Me as the business owner, or the person that owns the building and property?


Civil damage lawsuits and criminal law deaths, OWI and drunk driving

What can I do if I am caught driving without a license again?  I was in an accident; I do not have a license. Took a chance to get back and work. I have been caught before and this will make it my third felony driving while suspended. The ticket written was only for not providing a license, what can I do?

Can I sue the drunk driver that caused me neck and back pain? I was rear ended by a drunk driver in November 2010. His insurance company outsourced the claim to a company that specializes in these sort of cases. I got a little money from his insurance, but not enough to cover all of my loss and expenses. Is it too late to sue? Would it even be worth it? I took the ambulance ride to the hospital to get checked out. They didn't find anything wrong. A couple of days later I had significant neck and back pain, saw a chiropractor. I still have neck and back pain that I did not have before the accident. I was a delivery driver on a delivery. I was unable to deliver after the accident.

Can a child of the drunk driver who is killed collect insurance?

Criminal Law Commentary - Todd Miler

How much does it cost for a criminal defense?

What information will a lawyer need at an initial interview for a criminal defense?

Jobs

I was handed an involuntary transfer from elementary principal, elementary counselor, curriculum director to a teaching position in a completely different area of learning --an area that I only have a minor in and no experience. There were 2 other openings that I qualified for but was told I could not transfer to them or even apply. I have had good evaluations, never been reprimanded or written up. Please help--I have been in education for 25 years and at this school for 4 years and will probable leave the education field because of it. 

MOTORCYCLES, TRUCKS AND AUTO WRECKS

After the wreck the other driver admitted it was his fault, but now he's recanting! Can he do that?

WORKPLACE INJURIES

If after returning to work I reinjure myself will I be entitled to additional workers' compensation benefits?

I injured my shoulder on the job six months ago. I am scheduled for surgery. I would like to know what the proper procedure is for dealing with work comp. What I am entitled to in Iowa formula weekly while out? I also have been told that I probably will not be able to go back to the same work. Will I receive a settlement and how should i go about this in legal form would like to prevent the war of work comp.? Thank you for your reply.

Why is it important to tell my supervisor about being injured?

WHAT IS FAULT AND NEGLIGENCE?

School treats and peanut allergies. Must the parents who provide school treats pay medical expenses for student's allergic reaction?

What do the lawyers mean when they talk about negligence? They also use the word "fault" and I'm not sure what that has to do with how much I'm going to recover.

Am I at fault if I crash into someone else while driving in dense fog? After all it isn't my fault, it was the fog!

PROPERTY CASES

I need my name off of a mortgage on a house I no longer live in.

I purchased a Mini Dirt Bike from a Dealer on payments. My son rode it 2 times. Now it will not work. If there is not a contract should they have to give my money back?


My car was parked on a city street, and hit by another driver. The car was totaled, and I'm currently trying to deal with her insurance company. They won't give me the value of the car that I have asked for. They have given me a rental car for the meantime. Can they take it from me if we haven't settled? I was not in the car when it was hit, however, the accident caused several days of emotional distress. Is it possible to sue in small claims for this even though I was not physically injured? Thanks.




 




TRIAL PRACTICE

What does it mean if your case is hereby dismissed for want of prosecution, pursuant to R.C.P. 1.944?

How can I make my civil trial practice more effeciient during the initial interview process?

How can I find the name of a small business owner who's closed but never delivered furniture I paid for?

DEFAMATION - LIBEL AND SLANDER

My City clerk has been giving my name out to residents angry they have to actually obey the laws. It stems from complaints and contact from Ombudsman, which I contacted. She has been telling them 'well you can thank xxxx for you getting fined'. Since this I have been vandalized and recieve hate mail. Is this defamation or public information?

My ex-boyfriend is threatening to release a very sensitive and privately made video tape and is refusing to destroy it or to cooperate with it's destruction. He has even threatened to show the contents to others. What can I do to protect my privacy?

A woman with whom I had an affair threatened me with sending some of the very graphic pictures we took together to my wife. Is there anything I can do legally to stop this? The pictures were obtained willingly and include both of us in some of them. She has also told me that she might send them to my workplace and to an internet site. Are some of these actions legal and others not? She says that since the pictures were not obtained without my consent and since there is no extortion or blackmail there is nothing I can do. This part is true - she just wants to hurt me and nothing else. Is she able to do this legally or not?

BEING A CLIENT

Is there a case if neither the victim nor the witness showed up in the court? Your fault in an accident, when it’s time to go to court, the person didn't show and there were no witnesses to the points were dropped, no school and case was closed. Does that still count as an accident of it’s like it never happened?

Is a recorded conversation allowed as evidence in court? Can a tape recorded conversation be used as evidence if one of the parties did not know he or she was being recorded? Also, what step should you take if you are being sued and the law suit is not legitimate and the other party has indicated that he or she will make you spend tens of thousands of dollars just to defend your case?



How much of a personal injury settlement will I be entitled to? Is it true that if I wait to negotiate a settlement with an insurance company on my own, and then contact and attorney to get more, that the attorney can only charge me a percentage of whatever extra he manages to attain? And not a portion of what I was going to get anyway?



General

Can I file a lawsuit regarding racial discrimination? Two days ago an assistant manager at my workplace made a comment about my race saying to me hey Hispanic guy no I mean hey you (profane word) Mexican! I guess he was trying to joke with me when I have never made any type of racial remark to him periodically. Is it possible to file for a lawsuit about this if I haven't told management yet or recorded the time it took place or exact words there was a coworker that witnessed the altercation.

Can my 6 year old get compensation for a hotel injury? We stayed at a hotel. My son got shocked and burned on his fingertip from a table lamp on/off switch. The hotel said the fuse box had a burn out. So that might have caused it. The insurance company offered $500. Should I take it? Or can I get more?

How do I start the process to sue huge company? Want to sue a huge company for negligence but have no idea how to start the ball rolling.

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Disclaimer
The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements, certification, specialization or self-proclaimed expertise. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyers as specialist or expert in an indicated field of law practice nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. These disclosures are required by the Supreme Court of Iowa.This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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