Iowa Legal Issues Blog

Determining liability can be more complex in a truck accident

On behalf of Ball, Kirk & Holm on Wednesday, August 5, 2020.

If you are the driver of a car and you were recently involved in an accident involving a truck, you will know how frightening this can be. Even if the accident was considered to be relatively minor, the experience can still be traumatic for those involved because of the fear and lack of control that the driver had.

Truck accidents can often be serious and involve several parties, which is partly why determining liability can be more complex than any other accident. However, in addition to this, truck accidents can be more complex because of the high standard that truck drivers are held to legally, and because the trucking company rather than the driver may be liable. The following are some things you should understand about truck accident liability before making a claim.

Can shopping injuries always be prevented?

On behalf of Ball, Kirk & Holm on Friday, July 10, 2020.

Whenever you participate in an activity, whether it is in the home, in the workplace or in public, you run the risk of becoming injured. That's why it's necessary to exercise reasonable caution in everything that you do.

While becoming injured is always a possibility, this does not mean that you are always at fault when you become injured. In fact, when you are on a premises that is not owned by you, the owner has certain duties when it comes to preventing you from being injured. Therefore, if you become injured in a shopping mall or grocery store, you may be able to show that the premises owner was at fault for the pain and suffering that you went through.

Types of medical negligence to be aware of

On behalf of Ball, Kirk & Holm on Monday, June 8, 2020.

We place trust in medical professionals because they have a duty of care toward their patients. In many cases, medical professionals have their patients' lives in their hands, so they must only make decisions that are well-informed and based upon their training.

Since medical professionals do have a duty of care, legal action can be taken when there is a breach of this duty of care. If you believe that you or a loved one experienced medical negligence due to a medical provider's breach of duty, you should take the time to understand the different types of medical negligence before taking action to file a claim.

Can hospitals be sued for under-staffing?

On behalf of Ball, Kirk & Holm on Wednesday, May 6, 2020.

Hospitals are designed to be of service to those who are sick. Therefore, if you are in urgent need of medical attention but find that the hospital to which you are admitted is understaffed or overwhelmed, this can be very worrying.

Unfortunately, under-staffing in hospitals has been a problem for a long time. Since hospitals can function like businesses, some hospitals try to minimize staff to cut costs and increase profits. If this cost-cutting strategy can be shown to cause injury or cost lives, those affected may be able to take legal action.

3 major warning signs that a settlement offer isn't good for you

On behalf of Ball, Kirk & Holm on Thursday, April 9, 2020.

In the days and weeks after a motor vehicle collision, you can find yourself in a precarious financial position. If you suffered injuries, you may not be able to work at the same time that you have to cover the cost of repairing your car or possibly replacing it if the damage was bad enough. On top of that, you also have medical expenses related to your injuries to worry about.

When you get a settlement offer from an insurance company promising a lump sum amount to cover your expenses, you might feel compelled to leap at the opportunity to alleviate your current financial strain. However, many times initial settlement offers are far lower than what someone actually needs to cover the costs of a crash. Before you accept that offer, evaluate your situation for one of the three red flags that indicate the settlement may not be enough.

3 types of injuries that can occur in hotels

On behalf of Ball, Kirk & Holm on Tuesday, March 10, 2020.

Any premises that welcome guests has the responsibility to maintain a reasonably safe environment. Of course, hotels are no exception to this rule. To be protected by premises liability laws after being injured in a hotel, you do not need to be a paying customer or a hotel resident. You may have just been passing through, or you were possibly injured before you had the chance to make a purchase.

Hotels have both private and public areas, and for this reason, personal injury cases can become complex. This is because, if an injury occurred in a private hotel room, it may be difficult to prove and gain damages. The following are three types of injuries that occur in hotels for which people commonly make claims.

The key signs of emotional trauma after a car accident

On behalf of Ball, Kirk & Holm on Friday, February 7, 2020.

Being involved in a car accident, whether minor or severe, can have the potential to affect a person for years to come. Physical injuries may require that an injured person undergoes an operation or a course of physical therapy. While not visible, emotional injuries can be equally as pervasive as physical injuries and can change the way that an injured person looks at the world for a long time.

If you or a loved one has been involved in a car accident and are suffering emotionally as a result, medical attention must be sought. The affected person may benefit from undergoing therapy or counseling. Additionally, taking legal action could enable damages compensate for the pain and suffering that the accident caused. The following are some of the most common signs of emotional trauma after a car accident.

How do I prove that a slip and fall was the fault of the premises

On behalf of Ball, Kirk & Holm on Tuesday, January 7, 2020.

Becoming injured on a premises is something that can happen to anyone. Whenever you become injured, you will likely need to seek medical attention, and as a result, you will probably need to pay medical bills. You may also need to take time off work to recover from your injuries, which will result in lost wages.

The fact that you will almost certainly have suffered financial damages is just one of the reasons why you should consider taking legal action after you have been injured. By doing so, you may be able to gain full compensation for these out-of-pocket costs. What's more, you may also be able to benefit from additional damages paid out to you to cover the pain and suffering caused by the incident. However, to successfully do this, you will need to prove that the accident was caused as a result of negligence on behalf of the owners of the premises.

Filing for medical malpractice after breast augmentation surgery

On behalf of Ball, Kirk & Holm on Wednesday, December 11, 2019.

Plastic surgery is becoming an increasingly common practice across the country. Breast augmentation surgery is a particularly popular choice for many people, and it is relatively safe when compared to some other forms of aesthetic procedures. However, many patients suffer from negligent practices after undergoing the operation. As a result, they may have gone through unnecessary pain and suffering. They may also have gone through distress due to being unhappy with the aesthetic result of the surgery, or they may have had to pay for additional procedures.

If you have had a negative experience when undergoing breast augmentation surgery, you may wonder if you will be able to claim back compensation. While it is possible to gain compensation through making a medical malpractice claim, it is necessary that you prove that negligence took place. The following are situations in which it's likely that you will be able to prove negligent practices after breast augmentation surgery.

Ways that minor car accidents can affect you

On behalf of Ball, Kirk & Holm on Monday, November 11, 2019.

Being involved in any car accident can be an extremely stressful experience that could alter your perspective on life completely. Major car accidents can be fatal, or can lead to serious brain damage or paralysis. While it's likely that passengers will be less seriously affected by a minor accident, you should never underestimate how pervasive the damages can be.

If you are still seeking medical attention for your injury after a car accident, it is a good idea to ensure that you have made a recovery before considering filing for damages. When you feel that you are ready to move forward and take legal action, you should make sure to consider all the ways that your car accident has negatively impacted your life. The following are some ways that even very minor car accidents can affect your life.