The debate about shoulders and industrial disability has come to an end for now with the Iowa Supreme Court’s most recent decision, Bridgestone Americas, Inc. v. Anderson. The Court held that a work injury causing injuries to...more
The Iowa Supreme Court’s recent decision in the case Tripp v. Scott Emergency Commc’n Ctr. lowers the burden required to receive workers’ compensation for many injured workers in Iowa who suffer purely mental injuries while...more
Following the 2017 amendments to the Iowa Workers’ Compensation Act, the Iowa Supreme Court has ruled on its first shoulder cases. The amendment to add Iowa Code section 85.34(2)(n) made shoulder injuries part of the...more
After the 2017 Amendments to Iowa Code Chapter 85 provided that shoulder injuries were to be compensated functionally as scheduled member injuries, instead of industrially as whole body injuries, claimants have been looking...more
Q: I am an employee of Employer X, and I have been sued in civil district court. Employer X is also a named defendant in the same lawsuit. Do I need to hire my own attorney?...more
Q: How long does an injured party have to file a personal injury lawsuit?
A: In Iowa, an injured party has two years from the date of the accident to file a lawsuit alleging personal injury damages. This is called a...more
Q: Should I get an attorney if I have been sued in small claims court?
A: Small claims court in Iowa is designed so that the parties can represent themselves, known as “pro se” representation. ...more
Q: What does it mean when my case has been appealed?
A: If your case is appealed, it can mean different things depending on the venue and stage of litigation....more
Q: I have been identified as a witness. What is my role?
A: If you are a witness, it is likely your role in a case will be limited to providing informal interviews with the parties and/or their attorneys, deposition...more
Q: What should I expect when I hire an attorney for my business?
A: There are four main things you should expect from your attorney. ...more
Q: What does my attorney expect from me?
A: Every case is different, but most attorneys expect three main things from their clients. ...more
Q: I have been sued. Do I need an attorney?
A: It is legal for a party to represent him/herself without an attorney, but whether you can handle personally your legal matter often depends on the venue and type of matter....more
Q: I have been sued and want the matter to end quickly. Why does it take so long to get to trial?...more
Q: My attorney has requested documents/information from me to produce in discovery. What should I disclose?...more
Q: My employee is suing me. What level of communication should I have with him/her?...more
Q: I do not like the judge/jury’s verdict on a civil claim in district court. What are my options?
A: In some instances, you may want to file a motion to clarify the verdict, ask for a new trial, or ask for a judgment in...more
Q: I have been notified to attend a deposition. What should I expect?
A: A deposition is usually a live and in-person exchange of information between the person being questioned and a party’s attorney. Like so many other...more
Q: What should I expect if a civil lawsuit has been filed against me?
A: The litigation process can be a lengthy affair. Usually a trial is scheduled a year or more after the petition was filed....more
Q: What should I do if someone claims they sustained an injury on my property?
A: If you witness or are informed of an incident occurring on your property, check to see if the injured party is okay and call an ambulance...more
Q: The plaintiff has asked to mediate their claim. What is mediation and is it required?
A: Mediation is an informal meeting between parties to try and settle a case, before or during litigation....more
Q: I have been sued for personal injury damages, but I believe the alleged damages are meritless. How can I prove that?...more
Q: I was served with a subpoena. What should I do?
A: First, you need to determine whether it is a subpoena to produce documents or whether it is a subpoena directing you to testify at a deposition or trial....more
Q: What happens if I am served with a civil petition filed in district court?
A: A defendant named in a petition and properly served must file an answer with the court within 20 days after service....more
A potential pitfall in navigating a litigated, or potentially litigated claim, is not properly preserving evidence. Attorneys and parties must preserve potentially relevant evidence when they know or should know, that a claim...more
In 2017, the Iowa Legislature amended the Iowa Workers’ Compensation Act to make shoulder injuries part of the schedule. Previously, shoulder injuries were treated as body as a whole injuries and compensated using an...more