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.
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Can I travel freely by driving without getting a license from the state?
Question Detail: I would like to drive without having to get a state license. I understand that the United States Constitution guarantees us the right to travel the roads of the land freely.
Answer: Are you kidding me? The United States Constitution does not guarantee you the right to drive on the public roads without a driver's license. Wherever did you get that nonsense? Everyone who wants to do whatever they want without having to follow the rules seems to think the US Constitution grants them that right. It doesn't do 90% of what people argue it does. And in this instance you need a driver's license.
Will the aggressor's homeowner's policy pay for the victim's medical bills from a fight in an Iowa bar?
Question Detail: Can I sue for my son's medical expenses? My son was hurt while trying to break up a fight one his female friends was involved in. The group turned on him and he was left with a fractured and dislocated elbow. He was taken to the hospital via ambulance for his injuries. I would like to know if I can sue for his medical expenses. For evidence, there is video footage of the altercation and the parties involved.
Answer: Maybe and maybe not. Any good lawyer will first want to see the video footage and look to identify the aggressor. Assuming your son was not the aggressor, you may be able to collect from the aggressors’ parent’s home owner’s insurance companies. Coverage will depend on the age and residence of those involved. This is a complicated question because the facts are somewhat complicated with identifying who started the fight and so it's difficult to answer in this format. You probably need to sit down with a personal injury lawyer.
If someone tells the police that they don't want to press charges can the person change their mind?
The person can change their mind but that doesn't mean the prosecutor has to dismiss the charges. The local prosecutor can continue with the case and if you don't cooperate you can be held in contempt of court and probably jailed.
What can I do if a bottle was broken on my face at a bar?
Question Detail: Last night I was at a bar. My friend and a random guy at the bar got into it and before I knew it I was punched in the face. I punched the guy back and he fell on the ground. He then got up and proceeded to break a bottle over my head. He was arrested on felony charges and I was sent to the Hospital. If I sue this guy what can I expect. I have been led to believe he has money.
Answer: Good question, and you may have a claim for assault and battery along with a separate claim against the bar. The claim against the bar could be two-fold, the one for serving the guy till he was drunk and a second claim for not having security on-site.
The assault claim is both easy and complicated. When a guy punches you it’s a battery, but let’s not forget you also punched him, but in self-defense.
But, what about the bar? If the guy was drunk and you can prove it then you may be able to recover under the Iowa dram shop act. His medical records may show his level of blood alcohol. Difficult case to prove and it will more than likely require a lawsuit.
A second claim is about the lack of security. If this is a rowdy place and should have on-site security (bouncers) then not having them could be a claim of negligence.
Last piece of advice, find a new bar. That place is trouble. It reminds me of Toby Keith’s song, I Love This Bar.
Can I request autopsy results for my boyfriend as I was his primary caretaker up until his death at home and then in the hospital?
If you’re going to obtain a copy it will have to be through a relative. As the girlfriend you’re not entitled to any special relational status. This country was set up this way to achieve a couple of goals; first, to protect family privacy and second to encourage the institution of marriage. As a GF, you probably aren't entitled to a copy, but the boys are and they should be able to provide a copy after it's completed by the Medical Examiner.
How do I sue for injuries due to police brutality and excessive forced during an arrest?
Question Detail: I was injured during an arrest and nearly killed by being choked until I lost consciousness and bodily function. I have been going to the doctors since the incident onJuly 17, 2012. The arrest occurred in a crowed area at a mall. I have names and witnesses, but I need an attorney to help me. How do I proceed?
Answer: You have to convince a lawyer in your state to take on the case. You have to prove damages and excessive force. Not easy things to prove; independent witnesses not involved in the arrest can be helpful. I've done it several times, but not many lawyers have and I seldom take on such a case. The two I’ve taken on settled eventually for over $100,000 so they can be significant.
How do I sue a drunk driver who parked her car facing east in my westbound lane?
Question Detail: A drunk driver was heading eastbound in the westbound lane on the highway. She hit a car head on which sent his vehicle backwards through the median into the eastbound lanes. She then left her car parked in the westbound lanes facing east with no headlights on and tried running. This accident must've happened only minutes before I came across her car in my lane at2:30am. By the time I saw her car it was too late and hit it head on at 75mph, I'm lucky to be alive. My car was obviously totaled and I suffered a sprained neck, back and contusions on my neck, back, face, arms, chest and stomach. Everyone was injured but her and this is her 2nd DUI. So my question is should I hire an attorney or go after her insurance or go after her personally?
Answer: Yes you should hire an attorney because not only will you have a claim against her, but the car's owner and possibly the bar that served her.
Do I have to be present during settlement? Do I have to be with my lawyer when a settlement is made for my personal injury claim? I really do not want to face my neighbors right now. My son was bitten by their dog and they claim that it was my son's fault. I want my solicitor to stick to the amount that I want them to pay me. Can my solicitor make the settlement in my behalf?
In Iowa we don't have solicitors so I'm wondering if you are from Europe. Are you? If so I can't answer your question because I'm not a solicitor, or barrister, I'm an American lawyer. In America the client does not have to be present unless it's a court ordered mediation or settlement conference in which case you do have to be present but you can be in separate rooms.
Can we sue someone who hit us after a DUI? My pregnant wife was driving the car and a drunk driver hit us and ruined the car. Cops came and gave the guy a DUI. No injuries but I am wondering, am I obligated to a claim because now she is scared to drive or be inside a car.
Yes, you can sue the driver, the owner of the car and more than likely the bar that sold and served the alcohol to the drunk driver.
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?
Okay hotshot let’s get real here. What you say doesn't make sense: there is no charge of felony driving while suspended, so I'm guessing there is more going on than you've alluded to. Otherwise, the answer to your question will depend upon the reason you don't have a license in the first place. Are you suspended or barred? Why are you suspended or barred? What happened the prior times you were arrested? What else is in your criminal history? Is you on probation or parole? Depending upon the answers to those questions you could be looking at a very minimal fine or as much as prison, and additional license suspensions.