As an attorney this is your toolbox where all the tools of the trade are stored. It's a work in progress.

The Verdict

Motorcycle Accidents

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Construction Site Accidents

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Car and Tractor Trailer Accidents

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Groundskeeper and Maintenance Workers

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

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Large Damage and Major/Serious Injury Cases

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Workers' Compensation

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Injury Caused by Property Defects

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Deforming Civil Rights through Tort Reform

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General - Rants - Raves and Housekeeping

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Motorcycle Accidents

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Workplace Injuries

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Wrongful Death Cases

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Nerve, Brain and Spinal Cord Injuries

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Construction Site Accidents

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Unsafe Products

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Property-Injuiry Cases

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Trial Practice - Mostly for lawyers

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Trial Practice - Moslty for non-lawyers

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General

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Client Toolbox

Workers' Compensation

Trial Practice

Attorney Toolbox

FAQs

Motorcycle Accidents

If I wasn't wearing a helmet during an accident and suffered traumatic brain injury, will I be precluded from recovering money damages?

What are some of the things I’ll need to prove a car accident claim?

After a motorcycle crash what is the most important thing to do?

Construction Site Accidents

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

The fall protection equipment being supplied on the job site isn't what I want to use. What can I do?

Does OSHA require locking type snaphooks on pole strap systems used by linemen after 1 January 1998?

Car and Tractor Trailer Accidents

What are some of the things I'll need to prove a car accident claim?

Large Damage and Major/Serious Injury Cases

What bills and expenses can I include in my personal injury case?

How do I know if I’m being overcharged for medical charges?

I don’t think we need a lawyer at this point but we do need information about what to expect with my son’s brain injury. Where can I go for information?

Workers' Compensation

During a hip replacement surgery on my husband four years ago a metal band was placed on his lower femur that we were not informed of and this was discovered during a recent doctor's visit. My husband has experienced pain in this area since the surgery and the doctor believes this band is causing the pain. Should we have been informed by the surgeon that the band was placed there and the reason for it?

I retained a lawyer for a workers comp injury-was receiving benefits before he was hired-now all of a sudden he wants me to give him a perecntage of my weekly benefits. I have not signed any form giving him permission to do so but he has also had the check made out in his name and mine and sent to him. How ethical and legal is this practice? Our contract at first was for a third of the settlement.

Why would my attorney have my workers' compensation checks sent to the lawfirm? Why can't the weekly checks just come directly to me?

Injury Caused by Property Defects

I fell on ice at someone’s property along the sidewalk. They hadn’t kept it shoveled and a drain caused the melting snow to go across the sidewalk, then it turned to ice when the sun went down. How long do I have to bring a claim?

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?

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

If I'm hurt at work what benefits am I entitled to receive?

WHAT IS FAULT AND NEGLIGENCE?

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.

If while driving under the speed limit, I rear-end someone in a rain storm will they consider me at fault for the accident? I've seen two PI lawyers who say the driver was at fault. What should I do?

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

PROPERTY CASES

There was an ice storm that hit my area of Iowa and a limb from my tree hit my neighbors garage. it only put a small hole in the overhead garage door and dented the rain gutter. to what extent am I liable for that damage? is it my responsibility to pay for repairs or is that her insurances responsibilty? Is this an act of God?

TRIAL PRACTICE

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

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

What does it mean to be a trial lawyer?

DEFAMATION - LIBEL AND SLANDER

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?

What do I need to prove?  What can you do if a former employer gets the word out that you stole from them and makes remarks about your personal life, all which are untrue. What are the main elements of a defamation actiion?

BEING A CLIENT

I'm on long term disability (LTD) and am being told benefits are going to stop because my diagnosis has changed. The insurance company refuses to tell me why. Am I entitled to know why? Is there something wrong with me asking for an explanation?


What is the best way to communicate with my lawyer?

What if my lawyer doesn’t return my phone calls or email questions?

General

Where can I contact Miller Fall Protection?

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Attorney Toolbox

As an attorney who practices civil trial work there are many practical things you have to know or to be able to calculate. Let's talk about a few.

Auto accidents are general area of litigation that most civil trial lawyers become involved. This area requires the attorney to be capable of presenting evidence of vehicle speeds long after the vehicles have been removed. The attorney’s job is to present admissible evidence. The attorney must have a working knowledge of first, making a rough calculation and second questioning experts that reconstruct accident scenarios. Knowing how to take physical evidence, like a skid mark and with the length measurement to extrapolate an approximate speed is very handy and can save you a lot of wasted time and money. A place to start and to become familiar with the terminology is the short paper by James O. Harris who wrote Determining Vehicle Speeds From Skid Marks. In this offering Mr. Harris discusses basic concepts, like "First, let's define a skid mark." He discusses shadow skid, average skid distance, drag factor, speed combined, along with perception-reaction time distances. Mr. Harris includes Skid Mark Evidence that discusses impending skid or visible skid and limitations or opinions due to the collection of evidence being performed by the investigating police officer rather than the re-constructionist.

What if you want a quick and dirty estimate? You could use a speed chart such as the one offered by Technical Services - Forensic Engineering. TSFS offers course for attorneys for The Science of Accident Reconstruction, Rollover and Roof Crush, Firestone tires and the Ford Explorer and How to Drive an SUV. Granted the last few are more in the line of product liability cases, but I thought it wise to show you what is out there. Which brings up another point? As a trial lawyer you can't have too much knowledge. Visit this website to see what else they discuss and you might learn something useful. They cover subjects like fires, brakes, engines, agricultural equipment, air brakes, human factors, reaction times, visibility, conspicuity, warnings, instructions, airbags, failure analysis, rollover propensity and much more.

There are sites having to do with motorcycle collisions, such as the Motorcycle Tips & Techniques Safety Forum where they discuss skid marks in the forum. There are discussions about safety, training courses, physics, improving skills of riding and a section that offers many calculators. See the section titled Models. The Models section has discussions of Critical Speed Calculator, Speed from Stopping Distance Calculator, Stopping Distance Calculator, Skid Mark Analyzer, Speed Calculator and several other calculators. Most of these links will take you to an Excel Spreadsheet form allowing you to do a quick and dirty calculation within seconds. They are the product of James R. Davis.

As a young lawyer just starting the journey of a trial lawyer in 1981 I worked in a firm that did a lot of defense work. My job was to handle the plaintiff's work. The defense lawyers belonged to the Defense Research Institute or
DRI. I regularly read the monthly DRI magazine because those articles would list all the cases that were working against defense interests. Thanks for doing my research! The lesson in all of this is to use when available defense Internet tools. Tools like ClaimsPages.com, Claims-Portal.com and the related Resource pages will provide free tools and education. They have a user friendly skid/speed calculator that includes a drop down menu for road conditions along with the length of the skid mark that allows you to estimate the vehicle's minimum speed before impact. The tools section includes calculators for the value of money, speed conversion, coinsurance, blood alcohol analysis, social security number decoder, motorcycle skid mark analyzer, paint area, distance, depreciation, telephone search and more.

It's a numbers game. Did you know that numbers we commonly use can tell us something about the person or product of the case? Social security numbers can tell you where the person probably lived when the
SSN was issued. The first three digits of a SSN tell us geographic area. Vehicle identification numbers, commonly referred to as VIN numbers can be decoded and will provide a wealth of information. If all you knew was the VIN you would know the manufacturer, where the vehicle was assembled, the car line or series, the engine, restraints, gross vehicle weight, body style, year the car was built, the plant where it was assembled and the type of model. Product codes or the Universal Product Code, the bar code on every product is a 12 digit coding system for tracking items. It's a different system than the one used in other parts of the world. There is a different coding system for pills and other drugs. The FDA and the Office Of Regulatory Affairs (ORA) use Product Codes. There is the Product Code Builder including an online Tutorial. If you wish to search for an FDA Product Code you would need portions of the Product Name and Product Code. We are all aware of zip codes used by the US Postal Service and area codes. Codes are a way of communicating a lot of information using numbers and letters. Computers use codes such as ASCII code and file name codes like .doc, PDF, wav among others. ASCII stands for the American Standard Code for Information Interchange. The bottom line for lawyers is that you can't afford to ignore numbers and letters written in code. Just because you don't understand what it means doesn't mean it can be ignored.

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Lombardi Law Firm
Three Fountains Office Park
4200 Corporate Drive, Suite 112
West Des Moines, IA 50266

Toll Free: 800-383-0331
Phone: 515-222-1110

News

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Resources

Motorcycle Accidents

Construction Site Accidents

Car and Tractor Trailer Accidents

Large Damage and Major/Serious Injury Cases

Workers' Compensation

Blawgs and Blogs

Toolbox for Clients

Toolbox for Law Students

Government Sources

Toolbox for Trial Lawyers

Law Firms Outside of Iowa

News Sources

Other

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Videos

Motorcycle Accidents:

Graphic Motorcycle accident....wear your helmet!

What can occur when you're not riding responsibly.

Construction Site Accidents:

New York City Iron Workers

Ironworkers - What does it takes to be an ironworker?

Ironworkers - Danny on the Trump Tower in Chicago

Car and Tractor Trailer Accidents:

Tractor-Trailer Accidents - Overview

SEMI TRUCK ACCIDENT- PICK UP TRUCK CRUSHED

SEMI-ROLLOVER WITH 2 CARS UNDER IT- UCAN MEDEVAC HELICOPTER

Groundskeeper and Maintenance Workers:

Blowing snow with ASV Posi-Track and Unimog

Snowblowing in the Old Port of Montreal

Clearing Snow

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

Wrong-Site Surgery Staff Training Video Kit

Wrong-Site Surgery - A medical student's perspective.

Large Damage and Major/Serious Injury Cases:

Brain & Spinal Cord Injury - Overview

Spinal Cord Damage Testimony

Spinal Cord Injury

Deforming Civil Rights through Tort Reform:

Mr. Fancy Pants

FOX News Whistle blowers. UNBELIEVABLE!!!

Practice Tips:

The Law Offices of Christopher Keane - Foster Web 2

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

Tort News:

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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