Nail Guns, Brain Injury and Social Media

Worker factory-industry-apron-438866-h.jpgAt what point in life do people begin to believe Facebook postings are real life?

Man shoots nail into his brain, posts it to Facebook from ambulance

Lawyers are constantly having to deal with what clients post on FB. Clients post inappropriate things on FB all the time. There is a disconnect between the reality of what they say on the one hand in a lawsuit and what they post on FB. Defense lawyers know it as do Plaintiff lawyers. The admissions go both ways and so lawyers on both sides immediately march to FB to see what the other lawyer's client is publicly stating. 

A case that just came to my attention was a drunk driver bragging on FB about how much he's drank and how fast he was travelling before the crash that mangled his passenger. His insurance company paid the limits of $100,000 to the injured passenger.

Get a clue folks, if you're involved in a lawsuit shut down your FB page.

You Shouldn't Ignore the Value of Litigation

shooting-oneself-in-the-foot.jpgA recent article I read interested me from a professional standpoint towards workplace safety but I thought it missed a major point about litigation. This article of interest explores the dangers of being a farmer, but ignores the contribution of civil trial lawyers. With this I take exception.

The article written by Rick Ruggles of the World-Herald out of Omaha, explores the dangers, past and present, of farming in rural America. While the article points to engineering as making farming safer it fails to point out how lawyers have contributed to pressuring the re-engineering of farm equipment to make it safer.

Like it or not, lawsuits have done much to make farming a safer profession.

  The three examples that come to mind are unshielded PTO shafts, augers and tractors sold without rollover protection (ROPS). Those three pieces of farm machinery did more damage to limbs and took more lives than probably any other dangers in farming; one still does. Manufacturers packed the standard writing organizations with like-minded engineers who argued changes weren’t feasible. Farmers continued to die while lawyers poured their own funds into litigation suing manufacturers to force loftier engineering standards that ultimately resulted in safer farming equipment.

Of course farmers should hug us not hate us. 

So say you hate us all you want, but we ain’t going away and it has everything to do with life and limb compromised by unsafe products and services. And as personal injury lawyers we know better than to simply catalogue the progress without following the money; our money and what it’s done for farm safety. Turn us away from the courthouses and you shortchange yourself and increase the risks you face while farming. It's pretty simple and sometimes referred to as the Golden Rule. Do unto others as you would have them do unto you.

 

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Whose insurance is responsible in a rollover accident?

Oliver Twist -Cruikshank_-_Fagin_in_the_condemned_Cell_(Oliver_Twist).pngFor today’s article we have several real life rollover accidents. The first is a 16-year-old driver (Beth Opperman) who is said to have suffered only non-life-threatening types of injuries. The Fayette County Sheriff’s Office spokesperson described the accident for the WCF Courier as a single vehicle accident where she lost control of her driving on L Avenue north of 110th Street, then entered the ditch and the vehicle rolled. There is no discussion as to why or if anyone else was in the Ford Ranger truck. She’s just 16 and probably inexperienced so we’ll leave it at that.

A second roll-over car accident takes place in Chamberlain, S.D. reportedly killing a northwest Iowa man, Leon Contreras of Estherville, Iowa. The driver is described as 37-year-old Ramon Castillo; neither man is described as wearing a seatbelt, although no details are given about what happened to cause the accident. 

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The Broadside Auto Accident Case: Was the driver's view blocked, or was it inattention or could it be speed?

Evidence.jpgToday’s litigation brief looks at a recent accident involving one car pulling out and being broadsided by an oncoming truck; the truck driver appears to have the right-of-way. As a young lawyer you have to ask yourself whether the guy pulling out is completely at fault or whether there is other evidence of negligence.

Black Hawk County, Iowa - What caused the driver to not see the oncoming truck and to pull out right in front of it on Highway 63? The accident is described as involving an F-250 Pickup truck and a Toyota Corolla – a fight weighing heavily in favor of the Ford. The Toyota being driven by one Joseph Pink pulls out from C57 and attempts to cross the southbound lanes of Highway 63 just as Garth Harold Beatty in his 1999 Ford pickup truck towing a trailer is crossing C57 at that intersection. The inevitable occurs with Mr. Beatty’s truck t-boning the little Toyota. Apparently Mr. Pink died in the crash and a passenger Mr. Harold Beatty was injured and taken to Allen Hospital. I used to work with a lawyer Sam Beatty in Waterloo. He was really a nice guy; I liked him a lot.

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Q&A: Is a recorded conversation allowed as evidence in court?

Question: 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?

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Traffic Violation Cameras intrusive, but reliable witnesses

snowy country lane.jpgHere is a trial tip: The lawyer with an intersection collision case should get a copy of the video from the intersection traffic camera. Which means we have to learn where these cameras are located. As for clients who are in an intersection collision it’s better to get a lawyer onboard sooner rather than later. This is also a reason for the lawyers to get out to visit the accident scene. You just never know where a camera may be recording the events. The camera may be on a nearby building used as a security camera.

For a list of locations see below.

Traffic Camera Proves A Reliable Witness In Crashes, AP provided by KCCI-Channel 8

 


 

  • Iowa Department of Transportation – Des Moines Area Traffic Speedmap and Cameras Link
  • Iowa Traffic Webcams from Leonards Worlds
  • Traffic Cameras by State – USA Russia Style link.
  • Iowa Webcams link.
  • Des Moines area links.
  • Iowa Red Light Cameras Map link

Facebook user accused of arson

This is hard to fathom. You get de-friended from by your BFF on FB that leads to the Des Moines Police investigating the motive for criminal activity. Keep in mind no one has admitted to anything and no criminal activity has been proven. But still this is interesting to see where the practice of law is going and how the virtual world is impacting the court system.

Social networking spat ends in arson charges for woman, Des Moines Register

The Cow Jumped Over The Moon

cow.jpgMy office mate and I recently litigated and successfully settled a cow-in-the-road case in southern Iowa.  The facts are as simple as a black cow weighing 1,000 pounds out on a county road after dark where there are no lights doesn't show up in your headlights until it's too late to stop. In that case the driver's wife died. The driver was a family doctor and we thought that would help him in the community with farmers who admired his dedication to Iowa families. Think again. No one in the community came forward to admit ownership of the cow.

We thought proving ownership of the cow would be as easy as someone being honest and coming forward to admit ownership. But that's not how it's working in rural Iowa. Honesty about ownership is one concept you are not likely to find.

These are tough cases to prove as to who owned the cow. Ownership is extremely important and that means the lawyers need to be involved as quickly as possible.

Did law enforcement help? The Sheriff's are elected officials who look only so far probably not wanting to anger any of the locals. Not proving ownership in some ways gets them re elected. Law enforcement's paperwork on past instances where cows got out is in most instances, Sorry Charlie it's not available. The Sheriff's offices are little or no help. 

Local knowledge washes away with the filing of a lawsuit. If there is no lawsuit every farmer will know who’s cows regularly get out onto the highway and who has lousy fences. File suit and it’s like you are on another planet. Everyone has amnesia. The locals go mute because they are for the most part deaf, dumb and half blind.

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Sir, would you like a large fry with that lawsuit?

Mcdonalds.jpgThere are times when as a personal injury lawyer who does a lot of car, truck, motorcycle accidents along with workers’ compensation claims I am completely baffled. This week I got a call from an out-of-state resident who visited Iowa and was injured at a hotel. The matter was a trip-fall type of claim. We lawyers refer to them as premise liability cases. Premise liability is a difficult case to prove, you really need an artificial defect in the property to win these cases. By artificial defect I mean something created by the owner, the lessee or the business that increased the risk of injury.

A snowy or icy condition in Iowa during the month of January in the first minutes of a storm isn’t in and of itself going to get anyone excited about your case. On the other hand if the shop owner has allowed snow and ice to accumulate for a week without walking outside and shoveling it, that might get someone interested in your case.

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Can I Rent from NetFlix's the Iowa Supreme Court Arguments?

MollyOral arguments before the Iowa Supreme Court are now live and streaming on the Internet. Unless you’re a lawyer, and in most cases involved in the case, you’ll find this about as exciting as watching corn grow in August. There was an outcry the courts were too secretive and maybe something fishy was going on behind those closed doors that allowed the gay marriage decision to come out of the Constitutional closet. 

The idea that somehow the Iowa Supreme Court operates in secrecy is preposterous and leads me back to the Law of Molly. Whenever there is thunder, our dog Molly hides her head under the bed as if that alone will protect her. The photo is Molly after the thunder stopped and she finished hiding her head - just as the Vander Platts group wants you to do. Each is acting foolish.

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Ground Zero Worker Gets Zilch, AC-DC Says, All Hail to Caesar!

The story’s title reads: Ground Zero Worker: I Received No Compensation For Throat Cancer. What the story should be titled is, "You're Getting What You Asked (Voted) For!

Gladiators.jpg

Frankly Poor Mr. Galvis; I feel sorry for him. I’m not surprised he got nothing, because I’ve been talking about it now for quite some time. I don’t blame the lawyers at Worby, Groner, Edelman & Napoli Bern because they are in business to first pay the bills and second to make some kind of a profit. But how do lawyers make a profit with a $10,000 case when we have so many liens and subrogation interests to protect? As lawyers dealing with health insurance subrogation, child support liens, auto insurance medical pay subrogation interests, Medicare, Medicaid, Title XIX and employee benefit plans under ERISA we are left asking who we represent. 

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Hey McStupid, that's what she said!

Mcdonalds.jpgListening to personal injury clients discuss and distinquish the McDonald’s verdict case from their own is like drinking a cup of sulphuric acid while watching Rain Man.

Again in very short order, the McDonald’s Verdict was brought into the coversation by two of my clients. Each of these people has a serious injury case, a personal injury case, where they believe their case is somehow much different than the issues in the McDonald’s case. There is no difference, but people are very good at convincing themselves a jury will somehow see their case in a different light. They won’t. At least not until people begin to understand the reason why McDonald’s got sued, why the verdict was correct and why reducing the verdict was clearly wrong. The McDonald's case was not frivolous; if it was then so is yours.

THE DELUSION: “I’m the Mother Theresa of personal injury; while Mrs. Liebeck is the Devil incarnate.”

Ronald didn’t get sued just because the coffee was hot; RM got sued because of the extremely high temperature of the food being served. Yeah, really there is a difference you morons. The coffee wasn't just hot, it was so hot that it could literally melt a person’s skin. When handled, and the top was either removed or came off, the contents weren’t just inconvenient; they were highly dangerous to any human being with a brain. Hot is hot, but when the contents are so hot that it can cause your skin to literally melt, then, (your morons) the contents aren’t even edible. Do you know what the word edible means and that food served is supposed to be edible? Get it, edible means you can eat it and isn't food you pay for supposed to be edible? Just like drinking acid, coffee at the temperature it was being served at on that day, can't be drank. It's inedibable! What do I have to do pour you a cup of acid to make you understand this concept? Are you really this inanely moronic? Why in Heaven’s name would a restaurant sell food that isn’t edible? Does that make sense to anyone who’s ever eaten out? How is serving a liquid drink that isn’t edible any different than serving a cup of acid?

Don't do what an idiot would do!

Give me a break! I'm so sick and tired of morons discussing this case that jumping off a bridge seems a whole lot more interesting.

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Honesty and fairness have nothing to do with insurance defense - HONEST!

Before talking to the insurance adjuster or defense attorney or the case mismanager remember this from I Claudius, don't touch the figs.

The premise held by most clients is that this system of law is fair. They'll say they want only to be treated fairly. When representing themselves they make the assumption that when defense lawyers talk to you they will be fair. Well I'm here to tell you, you had better not trust in being treated fairly. I mean exactly that and it has nothing to do with whether or not the defense lawyer or the insurance company is dishonest. They don’t have to be “honest” and they aren’t trying to be “fair”. Fact is they are hoping you aren’t smart enough to ask the right questions so they don’t have to not answer you. You think I’m kidding? Hell no. I’m not and I can prove I’m right. Here let me prove it to you.

Defense work has nothing to do with treating people fairly. If it did you could come up with the name of at least one defense lawyer who has said in the past, "I don't think you're asking for enough, can I pay you more?" Or, "Did you know you're entitled under the law to be paid more for your damages?” Go ahead find me one insurance company representative that has said that in the entire history of insurance. Go ahead, think real hard; I can wait, go ahead and think harder.

Umnnn dee dum, dee-dum... Have you remembered one? No? I didn't think so. I've not heard anything like that in 30 years.

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What is a case mis-manager?

Witchcraft.jpgA case mis-manager is a high-priced spy the workers’ compensation insurance programs hire to say they are there to help and all they do is twist the facts in order to persuade the doctor to release the employee so the employer’s can terminate an injured worker’s benefits. Some have fancy initials after their names and some don't. Now not all case managers are mis-managers, but most see their jobs as exactly that.

How can you tell the case mis-manager from those who are there to help the injured worker?

  • First see if the person the insurance company hired is breathing; if they are breathing then it's more likely than not that they are a mis-manager.
  • Second see if they are breathing.
  • Third, if they pass 1 and 2, then ask a question and if you get any sound coming from their pie-hole they are a mis-manager.
  • Fourth, take a pulse, and if you get a reading they are a mis-manager.
  • Fifth, ask who hired them; if it wasn’t you or your attorney chances are pretty good they are a case mis-manager.
  • Sixth, ask them why they are there; if they give you an answer chances are they are a mis-manager.
  • Seventh, ask them if they have every argued for payment of a higher weekly compensation rate for the injured employee. If they answer you with anything other than “Sorry, I have to call 911 I think I may be having a heart attack!” then they are a mis-manager.
  • Eighth, ask who is paying them. If they don’t say they’ve won the Nobel Peace Prize, are independently wealthy and that their name is Mother Theresa, then chances are they are there to mis-manage your case.
  • Ninth, ask for a reference from an injured worker. If they give you one then chances are the person who signed the reference is either dead, brain dead or locked in jail in a third world country.
  • Tenth, if you get through the first nine rules but forget any of the rules see rule number 1.

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Why is the issue in Merriam vs Farm Bureau so complicated?

The issue in this next case is pretty straightforward, but the outcome is anything but that. A contractor has an accident but he doesn't have the right insurance coverage. So he sues his insurance agent for not placing the right coverage. The contractor loses the case against Farm Bureau because the insurance agent has no legal duty to select coverages. What we have is the insurance industry saying one thing and doing another. Watch the video of the Farm Bureau commericals and ask yourself if they hold themselves out to be experts on what you need for insurance coverage. Does FB say they offer expert advice?  Then consider the decision in Merriam that says they don't have a duty to do so because they aren't experts in selecting insurance coverage. Isn't that exactly how FB holds it'self out? You be the judge.

What about that "knowledge you can count on" pledge? After Merriam it sure seems to ring hollow.

Remember those Farm Bureau agents saying they make insurance simple? Here get caught up and listen to the agents telling you how simple they make insurance so you can feel good about your future; and then there is the make simple by providing knowledge you can count on. As you listen ask yourself if somewhere in there, there is a promise.

 

http://www.youtube.com/watch?v=BFMnwpw-LLg

Here listen again to the Farm Bureau insurance made simple pledge and then let’s see how it plays out in real life.

http://www.youtube.com/watch?v=P4DHSGeuQQE

Remember what you just heard. Come on it's all pretty simple to remember. Basically you can trust us to make it simple for you. Got it?

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Act as if ye had faith

Lawyer running to court.jpgHow do I select (pick) a workers’ compensation attorney? 

That was the question posed to me last week. Remember I'm from Iowa so my suggestings may not apply to you, assuming you're from some other state. Then again I could be right on.

I’m not sure exactly how to answer this question without appearing arrogant as opposed to simply trying to help, but it’s been asked before and it’s time once again to apply years of watching some get it right and other's live with a mistake.

Start off with who the lawyer has been in the past. Do you know the lawyers reputation for the work they do? Do you have a friend or co-worker you can speak to about their experiences? How about a friendly lawyer that is willing to talk and can vouch for a lawyer’s reputation. Like real estate, law is local; meaning laws are governed by the state, county and city governments; And since lawyers are licensed for matter such as these by state bar associations you need to know the local reputation of the lawyer.

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Judging in Iowa isn't a popularity contest.

Lawyer running to court.jpgAs officers of the court we lawyers are ethically constrained from openly criticizing the court. As a practical matter we just won’t criticize publicly because to do so risks angering those who rule for or against our clients. My opponents would love nothing better than for me to openly criticize the judges and justices. If I did my clients would soon  seek out another lawyer who was more constrained and less likely to anger the Court.

So when someone throws their hat in the ring to be considered for a judgeship another box is drawn around lawyer critics. Say anything along the lines like, this lawyer isn’t qualified to sit on the bench and you’re clients may suffer should that lawyer be selected to be a judge. You see there is a conundrum involved with lawyers being openly critical of candidates for the court. So if anyone is waiting for lawyer-critics to emerge with a scathing attack on the court or on any one candidate stop waiting; because it’s not going to happen.

SHOULD IOWANS ELECT JUDGES BY POPULAR VOTE?

Now consider elections for judges like they have in Wisconsin. Electing judges creates a whole slew of other problems. If you don’t contribute to a successful lawyer’s campaign for judicial election, you run the risk of viewing every adverse ruling with an eye of suspicion. Have your winning opponent be a large contributor to the judge’s campaign and you read every losing decision with a jaundiced eye. Before you stand in court before a sitting judge that is up for election, you want to first make a contribution to his/her campaign war chest. Don’t contribute and your wonder how it might affect the way the judge views your case. They will say it won't affect their impartiality, but human nature being what it is, how can it not?

Even if it has no effect it still leaves a hint of suspicion and if you do contribute it has the appearance of impropriety. Do you want to choose which lawyer to hire based on how much he/she contributed to the last campaign of a sitting judge? I'm getting a headache just thinking about it. At some point common sense has to meet practical magic and the Iowa voters should wake up and smell the coffee.

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What is at-will employment?

Scales of Justice tipped.jpgIowa takes great pride in calling itself a “right to work state”. That means simply you can’t be forced to join a union.  Most people that call our office asking about their rights after an injury don't get the gist of really what that means.  There are benefits and there are drawbacks to being a right to work state. I get that there are benefits to employers, but what I don’t get is why as an at-will state, workers don’t have more protections in the event of an injury or ill and have to miss work. That I clearly don’t get. I'm not saying pay them while off, but I am saying save their J-O-B.

You see a right to work state, or an at-will employment situation, is a state that allows its workers to be fired for any reason that isn’t illegal. And what might those illegal reasons be?

It’s illegal to fire someone only if it’s spelled out in the law. And under the VanderPlaats definition of separation of powers the courts would have no room to protect the working stiff sitting before them, unless the Iowa legislature spelled it out in black and white.

The Illegal Firing List

  • Jury duty service.
  • Filing a workers’ compensation claim.
  • Reporting illegal activity, whistleblowers to some degree.
  • Being female.
  • Religious affiliation and beliefs.
  • Creed.
  • Color – It’s not all black and white.
  • Age in some instances. Being young and dumb will get your fired every time.
  • National Guard Duty with some restrictions.

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Property Damage Questions - My cat died can I get a PET Scan?

Car Classic Corvette.jpgNo but you can get a CT Scan.

Oh come on I love that joke and yes to me it is funny.

One area many people have questions about are property damage claims. These claims arise from accidental, fires, commercial construction defects, storms including lightning, hail, water, floods, freezing, thawing and may include broken glass, stolen property and a host of other casualty risks. I’ve started a section on the law firm’s website for answering questions and providing links to various articles and news stories that discuss property damage.

I thought is was important to include this section on property damage claims and how to get paid after it's damaged or destroyed since most people would rather award damages for a press than pain and suffering. (Cough-cough Mike.)

This isn’t an area of the law most lawyers gravitate too naturally. That’s because most property damage claims are not significant from a monetary standpoint. Some are, like having a $3 million building burn to the ground due to negligent construction workers hired by a subcontractor. Some property damage claims are just a bent fender that leads to a loss of use and diminished sale value at a much later date. Assuming the car isn’t totaled the loss of value for an expensive car, SUV, truck or a motorcycle can be significant and can’t be ignored by the owner.

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Never wonder why they hate us...

8137witchcraft.jpgLike I said last week, don't wonder why lay people hate lawyers. They hate us because we act like instruments of the devil. Workers' compensation benefits in Iowa has turned into a con game played by insurance fools with little to do except justify their own sorry existence while they promote the float and their own job.

On this one day my client from Florida who drove a truck over-the-road and across the country was told he had to come back to Iowa during the winter to get medical care and to sit in a terminal to live and serve out the "healing period". I kid you not. The entire process with OTR truckers is to make their recovery so unpleasant, that they quit so the employer no longer has to pay them during the healing period. If anyone thinks someone is being fooled, you're naive. No this isn't a communist country, it's Iowa. A surprising place where we now treat people like animals in a zoo. Here is the letter I sent to the insurance maggot.

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What is the average settlement for a workers' compensation case in Iowa?

Playing with fire...This is a question I’m regularly requested to answer. The trouble is it can’t be answered. In fact the question indicates a clear misunderstanding of personal injury claims and the desire to avoid the process of law. The process of law isn't like removing a bandaid; it can't be quickly done. It's more like a splinter, requiring fine attention to detail, and yes it's going to hurt, but like removing a splinter, once it's out it's over with. Here is how I answered the question.

Question: What is the average settlement for a workers' compensation case in Iowa?

An average settlement for a moderate work related injury is usually a moderate settlement. You can see I'm being intentionally vague. I don't know what you do for a living; how you were hurt and how serious the injury affected your ability to earn a living. That said allow me to use an example and demonstrate how the question is way too vague to answer. If you were a farmer and I asked how long it would take an average farmer with an average tractor to plow an average field the farmer would look at me and say, "Don't lose that day job."

The bottom line is without knowing the injury, the circumstances, the work you do for a living and how the injury has affected your ability to do the work you’re trained to do, I can’t answer it. Also have the medical bills been paid? If not who is going to pay them? If they are paid what company paid them and do they want to be paid back? For really serious injuries the complications grow expodentially. And to really make it complicated we now have to ask, is Medicare involved? If Medicare is involved get ready for a long drawn out and complicated transaction. In personal injury work, nothing is simple.

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Contingent Fee Agreements: The 25% work ethic. Cut rate means, sorry Charlie.

02_2.jpgToday is my day to gripe although I’m working on it. For this New Year I’ve adopted a mantra of sorts: “It is what it is.” That phrase says a lot about just accepting the world the way it is and not trying to figure out how to change everything that is wrong. So that’s it for this year, it is what it is.

But there is something bugging me. A former client telephoned to talk about me taking over his wife’s case. He chose another attorney this time around, I’d represented him several years ago, but this time he wanted a “25% fee lawyer” and he got one. I charge one-third and it has everything to do with it being a fair return and my paying my electric bill.

It’s funny how the lower fee lawyers work with answering the phone, taking time to talk with their clients and with what they take a fee from. This was a workers’ compensation case and it does appear the healing period benefits were disputed so technically the lawyer is entitled to take a fee. Any time an issue is disputed the lawyer can charge a contingent fee for the benefits. With permanency or PPD benefits it’s always disputed.

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Son, don't lose that day job.

Match Head lit.jpgWhat is the average settlement for auto accidents with moderate injuries in Iowa?

This is the question I’m asked on another blog site. … The one lawyer that answered before me was put-off by the man’s attempt to get free legal advice and his answer reflected his contempt for the attempt. My answer wasn’t as curt, but still the other lawyer has a point. That said I can do better. Here is how I answered the question.

An average settlement for a moderate injury is usually a moderate settlement. You can see I'm being intentionally and professionally vague. I don't know what you do for a living, but if you were a farmer and I asked how long it would take an average farmer with an average tractor to plow an average field the farmer would look at me and say, "Son, don't lose that day job."

The bottom line is without knowing the injury, the circumstances, the degree of fault likely to be assigned to each party, the mechanism of injury, the medical condition, the medical bills, the wage loss, if there is any expected reduced earning capacity, what the medical records say about the level of pain suffered and likely to be suffered in the future no one can answer your question. Anyone can settle a $10,000 case for $1,000. Even a non-lawyer can. In my experience even with paying a contingent fee, 99% of the time you get more with a lawyer than without.

Does that answer your question? If not then son don't lose that day job.

Do voters and corporate America play on a level field?

mailboxes-in-rural-midwest-united-states-late-sun.jpgIs the legal system rigged against people; and in favor of big business or does it just seem that way?

People believe the law has the ability to go whichever way the judge wants to decide the case. It’s what people refer to as result-oriented reasoning.  If you want a certain result you pick these legal principles and the result is possible. That’s how people view the law and frankly its how most lawyers and judges do, except we don’t admit it publicly. Today’s case has a result that most people will find offensive in that the proof required to prove a fact seems watered down in favor of an insurance company winning. If we asked the court to believe what this insurance company did, we'd lose ten out of ten times.

Judge says John Kline home’s former insurer doesn’t have to pay bank, Register, January 7, 2011

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After Congress should we ditch the insurance industry?

Targeting_success_3d_man_employee_worker.jpgYou can do this personal injury work only so long before it’s clear to you that the system is rigged to make money for insurance executives and not to resolve personal injury claims. To the insurance executives that run our insurance system, injured people are nothing more than a necessary evil, a mere nuisance. For that matter so am I. They love to hate me. The system simply tolerates injured people while claiming payments to them are a waste; all the while the system is the waste that feeds the pigs running it.

I have a client with a small PI case involving a rear-ender on an interstate highway where the traffic came to a standstill during rush hour. Liability can’t be any clearer. I’m sure the guy that ran into my client is as tired of the insurance BS as we are on the plaintiff’s side. It’s been going on for over 900 days and we are nowhere near getting it resolved because the jack-ass adjuster is too busy papering us to death for the sake of justifying her job and the entire insurance defense team of jag offs. Read my latest letter to the adjuster and see if you don’t agree with me. I’ve redacted the names to protect the innocent.

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Once Again I'm Defending My Client Old Man Winter

winter_road.jpgTo put this case in perspective I need ask only one question. Can road conditions, including snow and ice, really cause a car accident?

A few years ago I blogged about Iowa news reports blaming Old Man Winter for causing accidents; which by-the-way on behalf of my client we emphatically deny he can cause an accident!

Back in the day I thought we’d won this case, but apparently not, because once again my client is being libeled. Today I’m here, again to defend OMW. Let us say, we categorically deny the charges and on his behalf I say, “He didn’t do it! He's not the perp!” Lately, every news source seems to be taking cheap shots at my client while needlessly blaming him for every accident that occurs. You wouldn’t do that if he were a woman, now would you? It’s totally outrageous. I’m seeing multiple articles in the Des Moines Register and on KCCI News Center 8 blaming OMW for causing car and truck accidents. Semi’s on the interstate running pelmel into cars, ladies spinning out on the state highways and men crashing on streets and avenues within the city limits. Teens ending up rolling over and in dozens of fender benders: all blamed on OMW. It’s slanderous, libelous, calumnious and downright defamatory; and on behalf of OMW I demand a retraction!

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Systematic Destruction of Evidence

Evidence.jpgIn this post I want to point out the systematic destruction of evidence by insurance companies.

At the bottom of this point I’ve reported on a car accident, a single-car-collision in Iowa that took place in Buchanan County. That accident demonstrates a point I see time and time again in the practice of law. The law doesn’t forbid it, but it should or people should be smarter about when they hire an attorney and why they need to hire one. Let’s first look at the key piece of evidence in this accident. It’s a blown tire case.

In this blown tire case there are four passengers in the car that ended up being injured. Each passenger is hurt, some probably very badly. The four leave the accident by ambulance and are taken to an area hospital. Now I do get telephone calls from time-to-time asking about these types of cases. The reasons vary but normally they aren’t for the reasons most people think. They aren’t out to get rich; far from it. Iowans are a reasonable group of people for the most part. There are exceptions, but overall they normally aren't out looking for a free ride. No, the typical call is them trying to find a way to pay medical bills; medical insurance coverage is in this country a national debate for a reason. It's just too expensive, but I'll leave that for another day's blog.

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"Iowa's Total Recall" is Bull

danger_bulls.jpgIf you’re going to bash gays you may at least have the decency to do it openly and without the guise of hiding your fears and anger behind a smear campaign against judges that you know aren’t going to be able to defend themselves.

The editorial in the WSJ titled, “Iowa’s Total Recall” is Total BS. The editorial gives the impression that Iowa's Supreme Court is full of liberals. No way. If you count how many terms and years the Governor's office has been held by each party it should be obvious. As it stands the Dem’s are losing the contest to appoint Iowa’s judges. After 189 years it’s the Democrats 9 and the Republicans 61. If that's even a fight I doubt the Republicans realize it.

Before we anew this gay marriage-license debate please keep in mind that the Republicans in Iowa have controlled the Governor’s office for 61 or the 70 terms of the government. Going back 189 years, all the way back to December 3, 1846, the Republicans have controlled the appointment process for 155 of the 189 years.  So if anyone is to be blamed for appointing “activist judges”, assuming they even exist, it has to be my Republican Party. If we have to blame any party for appointing Iowa’s judges it has to be the Republican Party. Of course we don’t, but that was the veiled message being touted by Vander Platts and company as they delivered a large dose of fear mongering to Iowans in favor of removing judges from Iowa's highest court. No sooner did the vote get counted the WSJ wasted no time in heaping it on to sell newspaper ad copy. The editorial was based on fear not fact.

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Was justice served?

Let's see how creative retailers can get; this one gives an entirely new meaning to Black Friday. Times are tough but let’s see just how tough it’s getting out there. In the first case American retail takes the American judicial system out into the street for a good old western style gun slingers fight. If you think running a court is easy work, then think again. Here is what society delivers to the Court to deal with.

In Sanford, Florida if you buy a truck you get a free assault rifle. An AK-47 is the gift that keeps on giving to the judiciary.

In Kentucky the story reads that this victim is waiting for justice after being forced to eat his own beard. It all started with the sale of a tractor, then the claims get cloudy about beards being shaved off and a meal of the beard that was shaved off. Video on YouTube.

And again in Florida, Winter Park this time, a woman claims in a lawsuit her breasts caused her to be passed over for promotions and eventually fired. The specific allegation appears to be that her “Breasts were too distracting.” I kid you not.

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Persuading the Jury: Lawsuits are not about "blame".

rakekniven-free-climb-519303-sw.jpgDo you believe lawsuits are about blame? Do you say to people that we need to kill all the lawyers? If so, you’re missing the point and should ready yourself for the day when the unreasonable and the irresponsible rule the world. As trial lawyers our goal is to explain to a fact finder in simple terms what made America the greatest country on earth.

I hear it all the time: We need to stop all of these lawsuits and stop blaming someone for our own faults. That statement implies that lawsuits are about fault and it shows a lack of understanding about insurance law in this century. In every insurance policy you have a subrogation clause that gives the insurance company the right to sue whoever caused your loss. If you don't sue they will. It's all part of the contract you signed for health insurance, workers' compensation insurance and auto insurance.

Subrogation is defined in this way: Subrogation in its most common usage refers to circumstances in which an insurance company tries to recoup expenses for a claim it paid out when another party should have been responsible for paying at least a portion of that claim.

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"What's my case worth?" SCAM

35_2.jpgThere is a scam being played out across the Midwest having to do with a quick confidence game involving lawyers, a potential client and law suit funding companies.

The scheme coming out of Kentucky purports to involve a “high dollar car accident injury” with the potential client promising to quickly hire the lawyer. The lawyer mails the initial sign up documents and shortly thereafter starts receiving telephone calls about the claim. Before a contingent fee contract is ever signed the lawyer finds himself talking to companies that either fund or purchase law suit settlements. The contract to hire never arrives and the purported injured client never materializes; the money disappears and the lender/purchaser learns a tough lesson.

The focus of the scam is law suit funding. The scam artist gets the money for a claim that doesn’t exist. Those companies that lent money to injured people or those purchasing the rights to the settlement proceeds get bilked out of any monies extended to the man. It’s an old scheme that focuses on the assumption that greed will make lenders and lawyers, do dumb things.

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Balloons explode causing physical burns, but what about PTSD?

_GUF6008-Modifier.jpgAt the University of Iowa a staff person was injured when eight balloons exploded during transport.  The worker filled what is reported as eight balloons with either hydrogen or a mixture of hydrogen/oxygen, placed them inside a Ford Explorer and the explosion occurred when he opened a side door.  The worker is reported to be Dale Stille who was transporting the balloons as part of an educational science program with Hawk-Eyes on Science.

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Stop trying to talk like a TV lawyer!

OneL_med.jpgToday in the email bag was a question and although it’s a bit before 7:00 a.m. as I’m trying to understand what the person is asking me I have to wonder if I’m 30-years younger and going through the experience of once again being a 1-L. A 1-L is how we refer to first year law students. Scott Turow made a similar term popular in his book by that same name. Here is the question. Read it and see how far you can get before scratching you head and wondering, “What is he asking me?”

If a company providing services, in which those services are paid for and terms of service are placed in which the paying parties have signed an agreement to and said company does not deal with violators whom breech these terms of service where everyone is expected to adhere to in a timely fashion. Is said company in breach of contract due to negligence of protecting those very people who agreed to said company's contract?

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Varnum & Becker's Circus is coming to the Iowa State Fair

rakekniven-free-climb-519303-sw.jpgBecause it’s Friday the 13th I wasn’t sure what the subject of this post or the title to this post should be. Several ideas I had were:

  1. Guilty By Reason of Shooting the Popular.
  2. Varnum & Becker’s Circus is coming to the Iowa State Fair.
  3. If Mentally I'll, Be Smart, Shoot Only the Un-Popular, or
  4. It’s not popular to shoot the popular.
  5. An insane decision can make everyone in Iowa feel better.

Obviously number two won out over 1 and 3.

Now to the circus coming to town… ee-i-ee-i-oooo. Mark Becker did a terrible thing in killing Coach Thomas, but did that give us the right to do an equally bad thing like lock him up like a criminal for the rest of his life? I don't think so. I'm not sure what their mothers and fathers taught them, but mine taught that two wrongs don't make a right. In this case the jury tried to do just that. Mark Becker was insane and finding him guilty and not innocent by reason of insanity was insanely illogical. If you doubt this logical conclusion look at the insanity now taking place in where to place Mark within the Iowa correctional system.

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Listen... Here that? "Ka-Ching" What is it?

smile_1.jpgThat's the sound of your $$ in the insurance adjuster's pocket. To the insurance industry it's called promoting the float. The float is the money they keep while you wait. It's insurance wealth that belongs to you, but insurance uses it during the delay that they create. Ka-chingggggggggggg!!! Thanks!

Insurance Lullaby: Ka-ching, ka-ching, ka-ching! Insurance Executives: Thank you juries! We fooled you again. Remember we're not to blame, it's those trial lawyers! The ones trying to help you! Oops sorry I wasn't supposed to remind you. We're your good neighbor; you know the one's you're in good hands with! Smile! Bigger ka-ching!

Sorry, when it comes to the insurance industry I love being sarcastic. A lady wrote asking me if the insurance adjuster can unilaterally assign her 50% fault for the accident even though she was not ticketed and the other driver received a citation for failing to yield the right-of-way.  The adjuster believes a driver is automatically at fault, no matter what, and he deducts 50% from the property damage. My advice is pretty straightforward and simple. He's trying to delay paying you. Can you say ka-ching?

Today let's talk about the American styled insurance that protects the float by promoting delay. When you're in an accident you need to know how to protect your claim. Because if you don't protect your claim by keeping the facts straight, you allow the adjuster to promote the float through their delaying a fair resolution. You may be honest, but don't be dumb and allow the adjuster to maladjust your case.

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Who in Iowa goes to a parade to be stampeded by horses?

The Fourth of July parade in Iowa’s Bellevue was upended when runaway horses trampled 24 people, killing one and injuring the other 23. It is said to have to do with the bridle of one horse rubbing another. The driver lost control and the rest is history.

Related media coverage:

They will loudly proclaim that no one should sue! No way, no how; after all that would be un-American! Wouldn't it?

Well that’s exactly what I’m going to suggest. After all who considers going to a parade to get killed or maimed by a stampede of horses? Hell, no one does. To those who say horses do unexpected things I say, so what, who cares and what difference does it make that a horse acts without reason? The object that acted without control was entered into a parade and within a few feet of people sitting in lawn chairs. And, it was predictable.

Think this is the first time horses have stampeded the crowd at a parade?

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