Frequently Asked Questions
Below are some initial questions many clients have when they first contact Lombardi Law Firm. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.
- Page 1
How can you get financial help after a parent paying child support dies?
Here is what you need to know when the other parent dies from an auto accident. Let me set up some general situation that I see coming up time and time again. Two people have a child, but the two adult parents never marry or even get divorced. One of the parents dies as a result of an accident. The accident could be from a motorcycle, car, truck, ATV, pedestrian or other means. The one parent is now solely responsible for the child. And they know the child will still require some sort of financial help with future expense like summer camps, piano lessons, dance lessons, soccer fees and college tuition. What should you as the surviving parent do and what can you do?
First you should hire a lawyer to pursue the personal injury claims the child has for loss of support from the now deceased parent. If the relatives of the other parent do not intend to open an estate then your personal injury lawyer will make arrangements to have an estate opened. If your child’s wrongful death claim is the most important asset then chances are you can be appointed as the administrator or executor of the estate. This gives you control over your child’s wrongful death or personal injury claim. At the conclusion of the case you the lawyer will then open a conservatorship and have you appointed to be in charge of the settlement money. This allows you to have funds set aside for all those expenses you had anticipated receiving financial help from the other parent.
Hopefully this makes sense. Call us if we can help you with your wrongful death claim.
After having a car accident I found myself asking what would happen to my daughter’s support if I had died.
Question Detail: After having a car accident I found myself asking what would happen to my daughter’s support if I had died. The accident was severe enough to break bones and I find myself laid up for a long period of time with a lot of time to think. I’m curious as to what would’ve happened to any settlement reached with the insurance company as a result of the accident? The mother and I aren’t together so any support would be solely from her ability to earn a living. I wonder, does that change what would need to be done in order for my dependent daughter to recover? Would that money be protected for her future? Would she still have access to it as needed before she’s the age of majority? If I had a will which stipulated how I wanted my assets divided would it affect how the money from the car accident settlement was allocated?
Answer: You asked a good question. There would be two settlements, one for your estate and the other for your dependent daughter. Any settlement into your estate would be distributed according to your will or if no will, then according to Iowa law. (You need a will.) Any settlement disbursement to your daughter would go into a trust and some money would be available for her benefit before she is of the age of majority, eighteen in Iowa. The money would need Court approval to be withdrawn. The mother could not just withdraw it without court approval. The mother is the likely person in charge of the conservatorship, unless you have a will and direct who you would like to serve as the conservator.
You should also read this question and answer: How can you get financial help after a parent paying child support dies?
Will worker's compensation re-open my claim if the doctor said there is still something wrong with me?
Question Detail: I was released from my doctor on an injury from work 1 month ago. I have not signed any papers from work comp. 5 weeks after I was released I went back to the doctor and said I was not any better. Something is wrong. Question is, will work comp reopen my claim? I was scheduled for an EMG but work comp denied it. What do I do?
Answer: The general answer to your question is probably. It all depends on whether or not you previously settled and the terms or form of the settlement. A lawyer will need to talk with you to give you a definitive answer. You should not delay hiring a lawyer because an EMG indicates nerve damage may be involved. You don't get an EMG without first showing signs of nerve involvement with either compression or latency. That means nerves are subject to long term damage and obviously that's not a good thing.
Above are two videos on basic workers' compensation law. The first is Workers' Compensation 101, Just the basics and the second is Iowa Workers' Comp - Overriding the Adjuster's Refusal of Medical Care. Watch them both several times so you understand the basics. Good luck and if we can help with your case call the office next week.
Do I have to carry my Iowa permit to carry when I carry my handgun?
Yes. If an officer asks you to show your permit and you don’t have yours on you, you can be charged with a simple misdemeanor.
Where can I get training that will enable me to get my Iowa permit to carry?
A number of organizations provide instruction that fulfills the training requirement of the Iowa permit to carry program. These are some of them:
- Cedar Valley Firearms Training
- Hawkeye Firearms Instruction
- Learn 2 Shoot Iowa
- QCI Firearms Training
- Training Specialists
- F.I.E.R.C.E. Training
Iowa Firearms Coalition has a list of trainers as well.
I had a hearing for denial, revocation, or suspension of an Iowa permit or application for a permit, and the administrative law judge decided against me. Can I appeal that decision?
Yes. You have the right to appeal the unfavorable decision of the administrative law judge to either Polk County District Court or the district court of your own county. If you do this, you must file a petition for judicial review within thirty days of the issuance of the administrative law judge’s decision. If you have applied for a rehearing already, you must file your petition within thirty days of your rehearing application being denied or deemed denied.
In your petition, you must name the agency—the Department of Inspections and Appeals—as respondent. You also must state the agency action you are appealing from, the facts that allow you to appeal to that court, your grounds for relief, and the relief sought (rescission of the denial, suspension, or revocation of your permit).
Within thirty days of your filing the petition, the Department will transmit to the reviewing court a copy of the entire record of the case—shortened, if all parties agree to that.
There are different rules and procedures for each district court. Find out more here.
I had a hearing for denial, revocation, or suspension of an Iowa weapons permit or application for a permit, and the administrative law judge decided against me. Can I get a rehearing?
You can apply for a rehearing within twenty days after the issuance of a final decision, stating the specific grounds for a rehearing and the relief you seek (to have you denial, suspension, or revocation rescinded). Unless your application is granted within twenty days after you have filed it, it is deemed denied.
I was denied an Iowa permit to acquire or a permit to carry or my permit to acquire or permit to carry was suspended or revoked solely because of a determination by the national instant criminal background check system. Can I appeal? If so, how?
You will first have to request the reason(s) for your denial, suspension or revocation from the FBI. You can do that online here, or by faxing a request to (304) 625-0535 or mailing a request to Federal Bureau of Investigation, Criminal Justice Information Services Division, NICS Section, Appeal Services Team, Module A-1, Post Office Box 4278,Clarksburg, WV 26302-4278 . Whatever the form, you must include your full name, mailing address, and NICS Transaction Number or State Transaction Number (which you can request of your county sheriff or the commissioner of public safety).
Within five days of your request, you should have received a statement of the reasons the national instant criminal background check resulted in a denial, suspension, or revocation (for example, a record of a past conviction). The statement should indicate whether you will need to present additional documents in your appeal—for example, if they appear to have gotten you mixed up with someone with the same name as you, they likely will suggest that you provide your fingerprints.
If you want to challenge the accuracy of the record upon which the denial was based, or if you want to assert that your rights to possess a firearm have been restored, you will have to make efforts to correct the record. You should contact the Iowa Department of Public Safety, which will be able to provide the name and address of the agency that originated the document containing information that led to your denial, suspension, or revocation. Then, you can apply directly to that agency for correction of the record. If the record is corrected as a result of your efforts, you should then notify the Department of Public Safety, which will verify the correction. The Department of Public Safety should then take the necessary steps to correct the record in the NICS.