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

11 Oct, 2016 When you file a Personal Injury claim, you usually intend to receive financial compensation from the party at fault or the insurance company. You likely want to recoup medical expenses or make up the pay you lost from missing work. Determining... When you file a Personal Injury claim, you usually intend to receive financial compensation from the party at fault or the insurance company. You likely want to recoup medical expenses or make up the pay you lost from missing work. Determining the amount of money to ask for in your claim is fairly straightforward when you can show your medical bills, but other forms of compensation are not as easily calculated. Individuals filing a personal injury claim often request compensation for pain and suffering, as well as clear economic damages. If you've recently suffered an injury, you have likely felt anxiety, stress, or depression due to the nature of the injury and the process of receiving treatment and compensation. Your medical bills won't reflect the emotional distress you continue to feel after you leave the hospital, but you deserve compensation for your lowered quality of life. Fortunately, your personal injury lawyer can help you figure out how to prove you need compensation for your pain and suffering and how to calculate the amount to ask for. Below, we've provided some information about pain and suffering so you can work with your attorney to achieve the best outcome possible. Proving Emotional Distress Legally, "pain and suffering" refers both to physical pain and emotional or mental suffering, neither of which a jury or insurance agent can actually see. You can show your cast or a photo of your damaged car to indicate the physical effects of an accident, but you'll need to use other means to prove emotional distress. Giving evidence of a physical injury generally proves that you are experiencing physical pain and suffering due to the incident. Juries can easily see and understand that a broken limb or severe burn causes pain. To prove emotional suffering, you will need to explain how the injury has negatively impacted your life. One way to prove emotional distress, whether or not you have a visible injury, is to provide clear examples of how your behavior or quality of life has changed since the accident. For example, if you are filing on behalf of an elderly loved one who experienced emotional harassment in a nursing home, explain how you watched them grow unhappy, fearful, or closed off over time. After any accident, make notes of your daily activities from before the incident and explain how your physical or mental injury prevents you from completing those activities now. For instance, if you were dedicated to your physical health prior to the accident but can no longer exercise, you can show you are limited in the pleasure you can obtain in life. Furthermore, proving that the incident was extremely traumatic, that the mental anguish experienced was intense, or that the suffering has lasted for an extended period of time will help your claim. An injury that leads to severe medical complications, such as an infected dog bite or a brain injury, will cause more emotional distress, in most cases. Additionally, any accident that causes a wrongful death is likely to receive compensation for emotional distress since the loss of a loved one will be felt for the rest of the claimant's life. To provide further justification for your claim, consider visiting a psychiatrist or therapist. They are trained to evaluate mental health and can vouch for the development of such emotional injuries as depression, anxiety, or PTSD. Not only will you receive treatment for the emotional distress, but you will have a professional opinion to back up your claim. Include any medications your doctors prescribed as part of your claim as well. Taking an anti-depressant or prescription pain medication is a clear indication of pain and suffering. Receiving Compensation Calculating compensation for a non-economic emotional or physical injury is difficult, so lawyers and insurance adjusters must find ways to quantify emotional distress. When your lawyer begins to figure out how much compensation to ask for, they will usually look at verdicts and settlements for cases similar to yours. They will get an idea of what juries or insurance adjusters will likely award you for your emotional distress. For the most part, pain and suffering is calculated by taking the amount of your economic damages (including medical treatments and lost income) and multiplying it by 1 to 5. The lawyer determines what multiplier to use by taking into account the severity of the accident and its effect on you, your age and life expectancy, the long-term effects of the accident, and the change in your quality of life. If you're experiencing physical pain or emotional distress due to an injury or accident, come meet with one of the attorneys at Lawyer, Lawyer, Dutton & Drake L.L.P. for a free consultation. We can help you figure out whether you have a case and how much compensation you're entitled to.