Iowa Legal Issues Blog

How to start a personal injury lawsuit in Iowa

On behalf of Ball, Kirk & Holm on Wednesday, October 17, 2018.

If you have been injured in an accident in the state of Iowa, you may be wondering what types of damages you may be entitled to. Almost everyone has heard stories of victims of car and truck accidents managing to claim back enormous sums of money as a result of the pain and suffering they went through. But many other motor vehicle accident victims do not take action after the incident and, as a result, they never gain the compensation that they truly deserve.

It is important that all motor vehicle accident victims in the state of Iowa inquire into the possibility of compensation. Generally speaking, if you were involved in an accident and suffered significant damages, for example if you needed to seek medical attention, you may be able to claim damages. The more serious the incident, the more likely it will be that you will be able to make a successful claim.

4 ways to tank your personal injury case

On behalf of Ball, Kirk & Holm on Friday, September 14, 2018.

If you have a viable personal injury claim against a defendant, it's important not to "count your chickens before they hatch." If you are careless or irresponsible, you could watch a lucrative settlement or judgment slip right through your fingers.

Avoid the following four things if you want to prevail with your claim for damages.

3 ways to protect yourself against medical malpractice

On behalf of Ball, Kirk & Holm on Thursday, August 30, 2018.

Medical malpractice is more common than many people think. All too often, people imagine that medical malpractice is limited to rural hospitals or to doctors who went to questionable medical schools.

The truth is that any medical professional can commit an act of malpractice, even those who went to the best schools or that work in the most impressive hospitals. As somebody who will eventually need medical care for one reason or another, it's important that you understand how to limit the biggest risks for medical malpractice.

3 ways to reduce your risk of a commercial truck crash

On behalf of Ball, Kirk & Holm on Thursday, August 16, 2018.

No one intends to get into severe traffic collisions, but major crashes happen all the time in Iowa and across the United States. Some of the worst collisions involve smaller passenger vehicles colliding with massive commercial trucks. Even if you do your best to safely share the road with these huge trucks, there's still the possibility of a crash any time you have to drive in close proximity with one.

Thankfully, there are ways that drivers can reduce their risk. Following a few common sense safety tips can help you and your loved ones stay safe when you drive near commercial trucks.

When does an infection constitute medical malpractice?

On behalf of Ball, Kirk & Holm on Wednesday, August 1, 2018.

When undergoing any type of surgery in the state of Iowa, even the most competent of medical professionals can encounter complications, regardless of how much preparation was done beforehand. Often, some of the most dangerous complications can occur after the surgery has taken place, and many of these complications are related to infection in the body.

There are many things that medical professionals can do to help prevent infections. Extremely high hygiene measures, for example, are followed in order to prevent infection from occurring. When an infection does occur, it can bring with it very serious implications, and it can sometimes cause death. Therefore, if you or a loved one suffered complications due to an infection after surgery, you may wonder whether the doctor, surgeon or hospital could be to blame.

Understanding Iowa doctors' duty of care

On behalf of Ball, Kirk & Holm on Wednesday, July 18, 2018.

When you visit a medical practitioner for a health check up or another medical service, you expect that they will give you the best possible advice and that they will exercise the utmost competence. When the patient-doctor relationship has been established, in fact, doctors have a legal obligation to provide you, as the patient, with a certain duty of care.

If you see a medical practitioner and have a negative experience, you might wonder whether he or she actually did fulfill the duty of care owed to you. Perhaps your medical practitioner dismissed your symptoms and failed to carry out appropriate tests, and later you found out that you had a serious condition. Perhaps you were misdiagnosed and had to go through treatment that did not help or worsened you existing condition. If you have experienced such a situation with your medical practitioner, you may want to learn more about the law so that you understand your rights in regard to taking action.

Motorcycle accident liability claims

On behalf of Ball, Kirk & Holm on Monday, July 9, 2018.

Motorcycling is a great form of recreation and transport in the summer months. However, the risks associated with motorcycling should never be underestimated. Motorcycle riders get into accidents every year, sustaining damages to their motorcycles and suffering injuries that require medical treatment.

Many victims of motorcycle accidents don't realize that they may be entitled to pursue financial compensation for their injuries and other damages. Consequently, they may never get justice. If you are involved in a motorcycle accident, it is very important that you learn how liability is assigned and what damages you may claim as a result of the collision.

Injuries and lack of insurance in an Iowa car accident

On behalf of Ball, Kirk & Holm on Tuesday, June 19, 2018.

It is mandatory for all drivers in the state of Iowa to carry car insurace, as outlined in the Financial and Safety Responsibility Act of Iowa. If you fail to insure yourself to an adequate degree, you will be liable for certain consequences if you are found to be driving without insurance or if you are involved in an accident without insurance.

If you have been involved in an accident and you are not sufficiently insured, it is important that you take the time to understand the laws in the state of Iowa and how you should move forward in order to resolve the issue.

When is pain management negligent?

On behalf of Ball, Kirk & Holm on Thursday, June 7, 2018.

If you have had a surgical procedure or have suffered from ill health, you may have needed to gain a pain relief prescription from your doctor. This can often happen when over-the-counter pain relievers are simply not enough to relieve your pain.

When a medical professional makes a prescription for pain relief, they must make a full assessment of your situation and your medical records, and make a safe decision based on this information. If they make a mistake or they prescribe a patient with a dangerous dose of medication, this behavior can constitute medical malpractice.

4 warning signs of distracted drivers on the road

On behalf of Ball, Kirk & Holm on Friday, May 18, 2018.

Distracted driving is a serious risk for everyone on the road. Some people insist on focusing on anything except for the road in front of them as they drive. Doing so creates real risk for everyone on the road.

Thankfully, there are some obvious warning signs to watch for. Once you can identify potentially distracted drivers, you can take the steps necessary to keep yourself and everyone else in your vehicle as safe as possible.