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Personal Injury Archives

What do I do if a family member passes away because of another person's mistakes?

An unexpected death of a family member or loved one is jarring and completely devastating. Life is suddenly flipped upside down. You must deal with funeral planning, finding others to care for the kids, and providing emotional support for other family members.

Personal Injury in Iowa: Social media users beware!

In this day and age, we all love to document our lives on social media. We upload pictures to Instagram, we connect on Facebook, we share our thoughts on Twitter, and we maintain conversations via Snapchat and other online sites. We think this information is private and password protected, especially those Facebook messages and twitter DMs --- but is it?

Iowa Personal Injury Dog Attacks Increasing

Two dogs recently attacked and severely injured a 62 year old man in Des Moines. The injury to the man's arm was so severe that his treating plastic surgeon, Dr. Bryan Folkers, thought that he would have to amputate the man's arm. Fortunately, Dr. Folkers and Dr. Bergman, were able to save the man's arm and he is recovering.  The two dogs were chows and one of the dogs, a male, has now been euthanized.  The Des Moines Register reported that this was the latest in an increasing number of dog bite injuries.  The Register did not cite any study in support of this opinion and it appears to be based on antidotal evidence.  Dr. Folkers was quoted as saying he regularly treats five or more dog bites a week and the Register reported a recent case in which a Dallas County woman's nose was bitten off by a dog. 

$32.8 Million Verdict in Personal Injury Case

The Iowa Court of Appeals recently affirmed a jury verdict awarding six plaintiffs and their family members a total of $32.8 million. The plaintiffs sued Cooper Tire and Rubber Company following a rollover accident involving a single multi-passenger van accident.  The involved van was ten years old at the time of accident and had multiple prior owners.  The odometer reflected over 145,000 miles on the van.  The service history of the van was not known.  The van's tires were all replacement tires.  Two of the tires were manufactured by Cooper Tire.  Immediately prior to the accident, the tread on one of the Cooper tires separated, which led to the rollover accident.  The tire was estimated to have over 35,000 miles on it at the time of the accident. One passenger was uninjured, one was killed, one was paralyzed from the neck down, and the others suffered varying degrees of personal injuries.  Of the $32.8 million in damages awarded by the jury, $28.4 million was awarded to the paralyzed passenger, and of this amount $24.5 million was primarily for the cost of 24 hour in home care for the remainder of her life.  The evidence regarding the cost of future medical care was provided by a certified life care planner.

Personal Injury in Iowa: Important Recent U.S. Supreme Court Case

Ever consider the possibility you might settle a personal injury lawsuit for a significant sum and yet somehow still be left owing your employer? On April 16, 2013, the U.S. Supreme Court decided U.S. Airways, Inc. v. McCutchen, et al. and as a result, this outlandish scenario may become reality for certain Iowans. In U.S. Airways, McCutchen was injured in a motor vehicle collision caused by another driver. His employer's health plan paid $66,866 in related medical expenses. McCutchen ultimately retained attorneys to assist in recovering an estimated $1,000,000 in damages. Yet regrettably, auto insurance limits restricted his available recovery. After compensating attorneys, McCutchen was left with $66,000. Though not ideal, this recovery was acceptable until U.S. Airways demanded full reimbursement of the $66,866 paid for medical expenses. This demand was made in accordance with a federal law named the Employee Retirement Income Security Act (ERISA) which governs employer health plans and authorizes such legal actions. Unsurprisingly, McCutchen refused to pay - he would have been left owing money - and this led to litigation culminating in the Court's decision.

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