In the aftermath of a car accident, navigating the world of insurance can be overwhelming, especially when the negligent driver has inadequate coverage. This often leads clients to wonder: are there other avenues for compensation? The answer lies in the concept of vicarious liability, a legal principle that can open up additional insurance resources. Call LLDDC Law at 515-224-4400, Iowa's Injury Lawyers.

After an accident, gathering evidence quickly is crucial to the case. As the burden of proof falls on the injured party, relying solely on insurance companies or law enforcement to collect evidence can harm your chances of receiving fair compensation.

When you’ve been involved in an automobile accident in Des Moines, IA, especially one that leads to injury, the first few days can feel overwhelming. Between hospital visits, insurance calls, and dealing with the aftermath of the event, it’s easy to feel lost. However, prompt investigation of the incident is crucial—both for the injured party and for the overall strength of any future claim. One of the most common questions people ask in the early stages of a personal injury claim is: "What should I do now?

18 May, 2016 While most Iowans head for the AC when the heat is on, construction workers must labor outside in conditions that can hit a whopping 110 degrees. Just look at the heat index from last summer. Things are looking just as... While most Iowans head for the AC when the heat is on, construction workers must labor outside in conditions that can hit a whopping 110 degrees. Just look at the heat index from last summer. Things are looking just as hot this summer. The Des Moines Register reports, "NASA scientists and others said that there's a good chance that this year will pass 2015 as the hottest year on record ." If you allow your body to overheat, you can suffer from various heat-related illnesses, including a fatal heat stroke. So what can construction workers do to stay safe under the beating rays this summer? Water, rest and shade Drinking water is the most important thing you can do to fight the heat. One rule of thumb: drink four cups of water every hour. Moreover, taking frequent breaks from the heat will prevent the body from overheating. Strenuous tasks should be accomplished early in the morning or later in the shift when the sun is not overbearing. Seek shade for these breaks. If natural shade is not available, opt for portable shade, such tents or umbrellas. Know the signs Heat exhaustion is overpowering and can threaten your health. When you are at work under the heat, be cautious of these signs : Dizziness, fainting or headaches Wet skin and weakness Confusion or irritability Nausea, vomiting or thirst The more egregious symptoms associated with heat stroke include: Seizures Collapsing Fainting Foggy thinking Get help right away If you suspect you are suffering from a heat-related illness at work, move to shade and remove outer clothing. A fan, mist, water and ice may help alleviate any symptoms. It also helps to drink cold water. More important, call a supervisor for help and seek immediate medical attention. Generally, you can secure workers' compensation benefits for most work injuries, including heat-related illnesses. To qualify for benefits, the injury must be caused by or aggravated by your work responsibilities or the condition of your workplace. If the overwhelming circumstances of your sweltering work environment have compromised your health, speak to a lawyer about work injury benefits.

17 Jun, 2016 Putting your elderly relative in a nursing home may have seemed like the best option for everyone involved. Your relative could receive the care and treatment he or she needs in a safe environment, assisted by trained professionals. Did nursing... Putting your elderly relative in a nursing home may have seemed like the best option for everyone involved. Your relative could receive the care and treatment he or she needs in a safe environment, assisted by trained professionals. Did nursing home abuse ever cross your mind? Recently, however, you may have noticed that your relative doesn't seem happy. He or she acts quiet or withdrawn when you visit and doesn't participate in the activities he or she used to enjoy. If this scenario describes your relative, he or she may be a victim of nursing home abuse. Types of Abuse Nursing homes generally limit the power and agency of elderly residents in favor of the staff. Unscrupulous individuals use this power balance to take advantage of the people they are supposed to be assisting. One or more of the following types of abuse may occur: Physical . The victim receives physical injury at the hands of another person, including hitting, pushing, scratching, kicking, and forcibly restraining without cause. Emotional . The person in a position of power emotionally manipulates his or her victim by insulting, humiliating, terrorizing, intimidating, or ignoring that individual. Sexual . The nursing home resident is the victim of unwanted, non-consensual sexual contact. Financial . A financial abuser may steal property or money from his or her victim, discover the victim's banking information, or force the victim to change his or her will or trust. Neglect . Like other forms of abuse, neglect may be an intentional act, or it may result from oversight or apathy. The victim may not receive proper medical or physical care or adequate mental stimulation. Any type of abuse puts your loved one at serious risk and makes the nursing home an unsafe environment. Signs of Abuse Abuse often goes unreported. One study found that only 1 in 24 cases of abuse was reported to an appropriate authority. If you suspect something might be wrong but your loved one hasn't reported any inappropriate treatment, keep an eye out for some of the following indicators: Bruises, scratch marks, and sudden injuries, emergency medical treatment, especially if a pattern emerges that is unrelated to any conditions the individual may have, unsanitary or unhealthy conditions, sudden emotional withdrawal, signs of fear or stress when around staff, missing belongings, strange charges on a credit card or bank account & lack of adequate food or medicine. Physical abuse is probably the easiest to detect since it leaves visible traces, but any type of abuse leaves signs if you look carefully. Investigating Possible Abuse As soon as you have reasonable suspicions, talk to your loved one if they are lucid. Let him or her know he or she can tell you anything. Report the claims to a proper authority. However, if your loved one suffers from dementia or a similar condition, he or she may be unable to speak on his or her own behalf. In this case, you'll need to decide whether your loved one is safe in the facility, even if nothing has been proven. You may want to find other accommodations, as your loved one's safety shouldn't be taken lightly. Unless you can be reasonably positive that no abuse or neglect has occurred, you don't want your loved one to stay in a bad situation. A lawyer will help you access records and understand what you can legally investigate. Talk to other residents and their families and see if there has been a pattern of abuse. Try and find witnesses to corroborate your loved one's story, if they reported abuse, or who may have seen abuse that didn't get reported. Your lawyer can take care of the legal aspect of the situation, gathering evidence and filing a claim against the nursing home and perpetrator of the abuse. A lawyer who has handled nursing home abuse cases before will have the skills and expertise necessary to know what to look for, how to build a case, and how to get you fair compensation.

29 Jun, 2016 Today a client called to complain because the work comp doctor wrote down some wild story the client told the doctor about working in the yard. Instead of the client focusing on his care he told the doctor about hurting... Today a client called to complain because the work comp doctor wrote down some wild story the client told the doctor about working in the yard. Instead of the client focusing on his care he told the doctor about hurting his shoulder picking up a coffee pot. Even though the shoulder injury happened at work this client chose to tell a story about a coffee pot causing shoulder pain. There was no reason to tell the doctor this "war" story. It added nothing to the medical plan. But it did get noticed... by the doctor who's working for the insurance company! The workers' compensation doctor took the coffee pot war story and blamed all of the shoulder problems on that event instead of the work event. What a mess! Worst of all, the injured worker caused this harm by entertaining the doctor with tales of what worsened his pain. Grrrrrr....... It seems unnecessary to tell people that if you have a work injury you should talk to the work doctors about that injury and nothing else. If common, everyday activities aggravate or cause more pain on an already determined injury don't clutter up your case by telling a bunch of war stories to your doctor. On this topic you should stick to the facts and get the care you need.

12 Jul, 2016 We spend a lot of time helping clients understand the factors of Industiral Disability in a workers' compensation case. All of this advice is free because it does the client no good to negotiate a settlement if they don't understand what... We spend a lot of time helping clients understand the factors of Industrial Disability in a workers' compensation case. All of this advice is free because it does the client no good to negotiate a settlement if they don't understand what they're negotiating. One key settlement value question is whether or not an injured worker can return to the same job. At its core, the value of work comp case is determined by the effect it has on the workers ability to work. Obviously, if you go back to your job with no tangible harm to your ability to work, the disability settlement is to going to be lower. But if you can't do the job the disability will be higher. How do you prove you can't do your job? Some clients think only they decide if they are able to go back to the old job but this is not the way it works. First, the company doctor has a lot to say about the return to work conditions. Then, it's up to the company to see if it can meet the restrictions, or make other accommodations. While all this going on it's important that the worker document the exact job that they're doing and how heavy or difficult it would be in light of the injury and resulting problems. You just can't sit back and hope that everybody takes your word that you cannot do the job. Give us a call and we can help you better understand this concept and give you some ideas about proving you are right. The call is always free.

20 Jul, 2016 If you have suffered an on the job injury, you may be eligible for workers' compensation. Employees can receive partial pay for lost wages and compensation for medical costs. Here are a few frequently asked questions on eligibility, benefits, coverage... If you have suffered an on the job injury, you may be eligible for workers' compensation. Employees can receive partial pay for lost wages and compensation for medical costs. Here are a few frequently asked questions on eligibility, benefits, coverage and more. What kinds of injuries may be covered? Any impairment other than the normal growth and deterioration of bodily tissues can qualify under the law. Diseases and hearing losses are considered injuries if they result from employment responsibilities. The impairment must result from activities in the course of employment. A local attorney can help determine if your injury is within the ambit of the law. Who is eligible? Employees injured in Iowa who are working under contract in Iowa, or whose employment is localized in Iowa, are eligible for benefits. Note that some classifications of employees are not covered. An attorney can help you determine if you qualify. Who selects the care provided? After an injury, the employer selects care suited to treat the injury. If the employee is dissatisfied, they should discuss it with the employer or insurer. Note that if the physician foresees permanent impairment, the employee has a right to another examination. Who pays for the benefits? Employers must provide insurance via a private insurer. If the employee pays for coverage, the employer pays the premiums. Employers who fail to provide insurance for eligible employees may be liable for either the benefits or damages in a civil action. Moreover, an employer may not engage in business without obtaining insurance for compensation benefits. Anyone who knowingly and willfully foregoes this is guilty of a class "D" felony in Iowa. What types of benefits are available? Medical Benefits The law will provide for the payment of any reasonable and necessary medical care needed in order to treat the injury. Disability Benefits Total compensation for an injured employee may not exceed 80 percent of an employee's spendable weekly earnings. According to Iowa's workers' compensation laws, "spendable earnings" equate to the amount of income that remains after payroll taxes are deducted from weekly gross earnings. To find out more about what to do after an injury, speak with a legal professional about the program and available benefit options.

06 Sep, 2016 It is important to remain vigilant when you are monitoring elderly family members in a nursing home. Here are steps you can take to ensure your loved one is receiving the care and dignity she deserves as she enters her... It is important to remain vigilant when you are monitoring elderly family members in a nursing home. Here are steps you can take to ensure your loved one is receiving the care and dignity she deserves as she enters her new environment: 1. Encourage the social network You may have established that it is in the best interest of your elderly relative to move into a skilled nursing home; however, the reality of new living conditions and perceived loss of independence can have dampening impact on her spirit. It may be helpful to arrange visiting times to coordinate with social events at the home to encourage your mom to reach out to others. Absent an established social network, most individuals will naturally isolate themselves because it can be tough to create new friendships. In fostering friendships, your mom can take part in a community of shared interests. Additionally, these new friends may be able to notice a change in the temperament of your loved one that could indicate elder abuse. 2. Visit with a purpose Although you may have conducted an intensive study of the retirement home before your mom was admitted, it's up to you to remain vigilant. As you may have done previously, consider visiting the facility at various hours. It's beneficial to observe the staff during potentially chaotic times: meal times, shift changes and evening hours. Document what you notice. A professional staff that is alert and has established routines during these chaotic times will have no qualms with you recording this information. If something seems amiss during these transition times, speak to the manager in charge of the facility. 3. Familiarize yourself with the staff Even more important than encouraging a social network is establishing a relationship with the caregivers of your loved one. Whether they are nurses, doctors or staff, these individuals have been tasked with the responsibility of maintaining the health of your loved one. Strike up conversation with the staff assigned to your mom. It may be helpful to provide background information so that the staff can better serve your loved one. Get to know nurses and doctors so that when the health review of your loved one arises, you can fully participate in creating care plans to promote optimal health. Building rapport with the staff will serve you if they notice any changes in your mom's demeanor. If they feel comfortable speaking with you, they may be more responsive to your needs and concerns. Even though you may not be a resident of a retirement home, there are steps you can take to ensure that your impact is felt within those walls. Make your presence known. Create professional and social relationships. You are an advocate for the resident of the nursing home. By interacting with those in this community, you can work towards securing the health and dignity of your loved one