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	<title>iowalegalinsider.com</title>
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	<pubDate>Sat, 12 Jul 2008 20:27:06 +0000</pubDate>
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		<title>OWI- Operating While Intoxicated, What You Must Know if You Drink Alcohol and Drive a Car</title>
		<link>http://blog.iowalegalinsider.com/?p=17</link>
		<comments>http://blog.iowalegalinsider.com/?p=17#comments</comments>
		<pubDate>Sat, 12 Jul 2008 20:27:06 +0000</pubDate>
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		<category><![CDATA[Uncategorized]]></category>

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		<description><![CDATA[We live in a society in which alcohol is widely used in social and recreational settings and a society that is highly dependent upon cars.  As a result, the two activities often cross paths. Every year hundreds of Iowans are killed and injured because of drinking and driving.  OWI- operating while intoxicated is [...]]]></description>
			<content:encoded><![CDATA[<p>We live in a society in which alcohol is widely used in social and recreational settings and a society that is highly dependent upon cars.  As a result, the two activities often cross paths. Every year hundreds of Iowans are killed and injured because of drinking and driving.  OWI- operating while intoxicated is the most commonly filed indictable crime in Iowa.  Nonetheless, many people attempt to use alcohol in a responsible social manner and then drive home.  However, they are taking a huge risk by doing this.  Not only are they a more dangerous driver after drinking, they run the risk of being stopped by a police officer and being required to be tested for sobriety.  They might pass the sobriety tests, or they might not.  If they don’t pass, then they will likely be arrested, prosecuted, lose their driver’s license, receive a fine, likely spend time in jail, and pay higher car insurance premiums.</p>
<p>The best way to avoid being charged with drinking and driving is to not drink and drive. However, if the solution were this simple then the problem would not exist.  The widespread social use of alcohol and lack of transportation alternatives results in the two activities occurring together.  Therefore, it is important to know how much is enough and how much is too much. </p>
<p>Alcohol impairment is rated by the blood alcohol percentage.  A blood alcohol reading of .08 is the presumptive level of intoxication.  A driver with a level of .08 or more is breaking the law, even if they seem to be in control of themselves.  A driver with a level of less than .08 is breaking the law if the person is under the influence of the alcohol. “Under the influence” means that for a person, by reason of drinking, any of the following is true: 1) their reason or mental ability has been affected; 2) their judgment is impaired; 3) their emotions are visibly excited; or 4) they have, to any extent, lost control of bodily actions or motions.  It is important to realize that at a blood alcohol level of .05 a person is five times more likely to get into an accident than if they had not been drinking at all.  The point to remember is that a driver who is “under the limit” can still be charged with being “under the influence”.</p>
<p>The general rule is that one beer, one shot, one mixed drink, or one glass of wine will give a person a blood alcohol of .02.  It can be more or less than this based upon body weight and tolerance levels, but this is the general rule.  The other general rule is that the body will break down and eliminate .02 worth of blood alcohol per hour.  Only the passage of time will lower the blood alcohol level.  Drinking black coffee or eating a late night meal might make a person feel more alert, but it won’t lower the blood alcohol level.  An estimated blood alcohol level can be calculated by adding together the number of drinks and multiply it by .02 and then subtracting the number of hours elapsed and multiplying it by .02. (Number of drinks x .02) – (Number of hours elapsed x .02) = Blood Alcohol level.  Also, it is possible to purchase personal alcohol breath testers.  Such a device is a good way for a person to gauge just how much their favorite alcoholic beverage affects their blood alcohol level which may enable a person to use alcohol more responsibly.  Another general guideline is that at a level of .05 a person’s friends or family can probably tell that the person has been drinking; at .10 strangers will probably be able to tell; and at .15 it is obvious to all that a person has been drinking.</p>
<p>By far the best method if you are going to drink outside of your home is to use a “sober” designated driver.  A designated driver is a person who does not drink at all and serves as the driver for a group of friends who are using alcohol.  Unfortunately, sometimes the designated driver is a person who just doesn’t drink as much as everybody else, or who stops drinking at a certain time.  This type of designated driver defeats the purpose and gives everybody a false sense of security.  You can also call a taxi, if available, or call a sober family member or friend to pick you up.  </p>
<p>Some people will choose to use alcohol in a moderate responsible manner and operate a car.  If you make this choice and wish to avoid an encounter with the police, it is vital that you drive the car in a flawless manner. This means, among other things, that the driver should know where he/she is going, make sure all lights are working, use turn signals, obey the speed limit, make complete stops at stop signs, do not run red lights, do not try to beat yellow lights, make sure the registration sticker is current, yield the right of way when required, drive defensively, and do not drive aggressively.  Also, keep in mind, the party stops in the car.  Do not have open containers of alcohol in the car, keep the music turned down and keep alcohol in the trunk.  Remember, sometimes a little is worse than a lot.  A driver feeling the exuberance of a few drinks might call more attention to himself than a driver who thinks he has had one too many and is trying to be extra careful to get home.</p>
<p>The costs associated with an OWI are high even if nobody gets hurt.  However, in a case involving death or injury, it gets much, much worse.  No one ever sets out with any of that in mind so the best course of action is to not drink and drive.  For more information and a new FREE book entitled “Criminal Law, Iowa Guide to Protecting Your Rights and Freedom” which exposes the “5 Rights to Know if you are Charged with a Crime” log onto www.IowaLegalInsider.com or Call 1-800-850-6617, ext. 515 to hear a brief recorded message about how to order your Free copy.</p>
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		<title>Jim’s Story of Struggle with an Iowa Workers’ Compensation Case</title>
		<link>http://blog.iowalegalinsider.com/?p=16</link>
		<comments>http://blog.iowalegalinsider.com/?p=16#comments</comments>
		<pubDate>Wed, 09 Jul 2008 01:06:58 +0000</pubDate>
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		<category><![CDATA[Workers' Compensation]]></category>

		<guid isPermaLink="false">http://blog.iowalegalinsider.com/?p=16</guid>
		<description><![CDATA[A client of my named Jim was a hard working truck driver and father of two children.  While he was driving his employer&#8217;s tractor-trailer, he was involved in an accident causing him to sustain two broken bones in his back.  He was immediately transported to the nearest trauma center where he spent the [...]]]></description>
			<content:encoded><![CDATA[<p>A client of my named Jim was a hard working truck driver and father of two children.  While he was driving his employer&#8217;s tractor-trailer, he was involved in an accident causing him to sustain two broken bones in his back.  He was immediately transported to the nearest trauma center where he spent the next several days.  Doctors told Jim that he was lucky that he was not paralyzed and a few days later he was released from the hospital and told to follow-up with his family doctor.  Jim notified his employer of the accident and the insurance company called him to take a statement.  Jim told the insurance adjustor exactly what happened and a few days later he received a letter stating that they were denying his claim and not paying his lost wages or medical expenses.  Jim was desperate when he came to my office as he was not receiving any income.  I did some checking up and I obtained the accident report, hired a private investigator and contacted the insurance company about their previous decision.</p>
<p>Thankfully for Jim, he found my webpage on the internet and requested my Iowa Workers&#8217; Compensation book.  I sent him my work injury book along with an audio CD discussing work injuries and an interview discussing Iowa&#8217;s workers&#8217; compensation system.  Jim lived in Texas, but drove for an Iowa trucking company.  I explained to Jim that the contract he signed with his employer provided that he would receive Iowa workers&#8217; compensation benefits.  This was actually good for Jim because Iowa has one of the best systems in the country.  I had a phone conference with him on the phone and agreed to take his case.</p>
<p>We were able to complete the necessary documents through mail for him to sign and he did not have to come back to Iowa.  Once I intervened in the case, the insurance company decided that Jim&#8217;s claim was legitimate and began paying him for his lost wages.  After missing several months of work, Jim made a satisfactory recovery.  However, he was not able to go back to driving a truck which is all he had ever done.  While the case was pending he applied for and qualified for Social Security disability benefits.  We were set to have a trial in this case, but one week prior to trial I was able to obtain a &#8220;just&#8221; settlement for Jim so he can move on with his life.<br />
People hurt at work often do not know what their basic rights are.  I am willing to provide any person with an Iowa Workers&#8217; compensation claim with basic information about their rights under Iowa&#8217;s workers&#8217; compensation laws, including what benefits they should receive, how their weekly check is calculated and much more.  Iowans&#8217; hurt at work often do not know what their basic rights are. I am willing to provide any person with an Iowa Workers&#8217; compensation claim a copy of my Book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries” for Free with no obligations.  Why offer a Free Book?  I have represented hundreds of Iowans hurt at work and have seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars.  Finally, you can learn about work injuries in the comfort of your own home with no risk or obligation.  However, this is a limited offer with only 25 copies available so to learn how to avoid costly mistakes and your rights Call Now (800)-850-6617, ext. 511 (24 Hour Message) or go to www.IowaWorkInjury.com.</p>
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		<title>Iowa Work Injuries- How Can This Be Happening to Me?</title>
		<link>http://blog.iowalegalinsider.com/?p=15</link>
		<comments>http://blog.iowalegalinsider.com/?p=15#comments</comments>
		<pubDate>Fri, 04 Jul 2008 01:11:59 +0000</pubDate>
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		<category><![CDATA[Workers' Compensation]]></category>

		<guid isPermaLink="false">http://blog.iowalegalinsider.com/?p=15</guid>
		<description><![CDATA[Often injured workers wonder, how can this be happening to me? Take for example, Karen, one of my clients. Karen, was a 35 year old wife and mother of three working in the factory. Karen was a dependable worker who always came to work on time and had not missed a day of work in [...]]]></description>
			<content:encoded><![CDATA[<p>Often injured workers wonder, how can this be happening to me? Take for example, Karen, one of my clients. Karen, was a 35 year old wife and mother of three working in the factory. Karen was a dependable worker who always came to work on time and had not missed a day of work in 4 years. Unfortunately, Karen was lifting a heavy part at work when her back gave-out. She ended up on the floor in severe pain. Karen immediately went to medical and reported that she had hurt her back at work. The medical personnel told her to go see her family doctor and return to work with what he says. Karen&#8217;s family doctor prescribed pain medications and excused her from work for the next week. However, Karen&#8217;s condition worsened and after only two days she was back seeing her family doctor. Her doctor ordered an MRI, which confirmed that Karen had suffered a herniated disc in her back. Karen was referred onto a surgeon for evaluation of the herniated disc. The surgeon told her that surgery was her best option as the disc would likely not heal on its own. Karen was devastated because she had never had surgery before and had always taken pride in her work.</p>
<p>While Karen had the surgery and made a good recovery, the doctor assigned her a 10% impairment rating and placed a permanent 30 pound lifting restriction upon her. She was not able to return to her higher paying line job, but had to take a lower paying job. She was satisfied with the 50 weeks of benefits they paid her, but did not realize that she was entitled to much more compensation for her injuries.</p>
<p>Thankfully for Karen, one of her friends had previously been injured at his job and I handled his case for him. Karen came to see me and I informed her that her case was worth much more than the 50 weeks of benefits she had been paid. She was entitled to industrial disability in which her impairment rating was only one of many factors. Karen eventually settled her case for more than twice as much as the insurance company had previously paid her. If Karen had not come to see me, she would have missed out on more than $50,000 in money owed to her.</p>
<p>Iowans&#8217; hurt at work often do not know what their basic rights are. I am willing to provide any person with an Iowa Workers&#8217; compensation claim with basic information about their rights under Iowa&#8217;s workers&#8217; compensation laws, including what benefits they should receive, how their weekly check is calculated and much more.   To learn more including the 7 Deadly Mistakes to Avoid if You are Hurt at Work order your copy of my FREE Book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries”.  Why offer a Free Book?  I have represented hundreds of Iowans hurt at work and have seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars.  Finally, you can learn about work injuries in the comfort of your own home with no risk or obligation.  However, this is a limited offer with only 25 copies available so to learn how to avoid costly mistakes and your rights Call Now (800)-850-6617, ext. 511 (24 Hour Message) or go to www.IowaWorkInjury.com.</p>
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		<title>BOATING AND ALCOHOL</title>
		<link>http://blog.iowalegalinsider.com/?p=14</link>
		<comments>http://blog.iowalegalinsider.com/?p=14#comments</comments>
		<pubDate>Thu, 03 Jul 2008 02:11:27 +0000</pubDate>
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		<category><![CDATA[Criminal Law]]></category>

		<category><![CDATA[General Legal]]></category>

		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blog.iowalegalinsider.com/?p=14</guid>
		<description><![CDATA[Every summer people gather with friends and family at lakes around the state to enjoy the warm weather and cool water.  Favorite lake activities often include water skiing, tubing, fishing and other boating activities.  In order to reduce the risk of injuries, Iowa has passed laws concerning alcohol and boating.  A person [...]]]></description>
			<content:encoded><![CDATA[<p>Every summer people gather with friends and family at lakes around the state to enjoy the warm weather and cool water.  Favorite lake activities often include water skiing, tubing, fishing and other boating activities.  In order to reduce the risk of injuries, Iowa has passed laws concerning alcohol and boating.  A person can be charged with boating while intoxicated if their blood alcohol content is .10% or greater.  Any person who operates a motorboat or sailboat on navigable waters gives consent to a blood, breath, urine or chemical test to determine if the person is intoxicated, if reasonable grounds exist to believe the person is intoxicated or under the influence.  Refusal to submit to a test will result in a fine of at least $500 and a suspension of boating privileges for at least one year.</p>
<p>A boating while intoxicated first offense carries a minimum 48 hours in jail, a $1,000.00 fine, a suspension of boating privileges of one year and attendance at a course for drinking drivers.  A second offense requires 7 days in jail, a fine between $1,500 and $5,000, a suspension of privileges for two years and the drinking drivers’ course.  Third offense boating while intoxicated is a Class “D” Felony and may result in 5 years in prison in addition to enhanced fines and a six year boating privileges suspension.  Boating while intoxicated offenses apply only to the operator of the boat and Iowa law allows passengers of legal age to consume alcohol.  A boating while intoxicated conviction does not affect a person’s drivers’ license.</p>
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		<title>Do I Have to Prove Anything to Get Divorced?</title>
		<link>http://blog.iowalegalinsider.com/?p=13</link>
		<comments>http://blog.iowalegalinsider.com/?p=13#comments</comments>
		<pubDate>Wed, 18 Jun 2008 13:30:12 +0000</pubDate>
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		<category><![CDATA[Family Law]]></category>

		<guid isPermaLink="false">http://blog.iowalegalinsider.com/?p=13</guid>
		<description><![CDATA[In Iowa you do not need to establish that your spouse was unfaithful or abusive in order to have a court grant your divorce.  You only need to establish that there has been a breakdown of the marriage relationship to the extent the legitimate objects of matrimony have been destroyed and there remains no [...]]]></description>
			<content:encoded><![CDATA[<p>In Iowa you do not need to establish that your spouse was unfaithful or abusive in order to have a court grant your divorce.  You only need to establish that there has been a breakdown of the marriage relationship to the extent the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.  In other words, if one person wants a divorce and tells the Court that the marriage cannot be saved, a divorce will be granted. </p>
<p>Iowa law does require that you to be a resident of Iowa for more than one year to file for divorce, unless both parties currently are Iowa residents.  There is a 90 day waiting period from the time the other party receives the papers until the divorce can be granted.  The waiting period is designed as a “cooling off period” to make sure that the parties really want a divorce.  The 90 day waiting period can be waived under certain circumstances, but when children are involved, it is usually enforced. </p>
<p>When you decide to file for divorce, you must file for divorce in the county where you or your spouse resides.  If minor children are involved, you and your spouse must attend Children in the Middle to educate you on the needs of children during and after the divorce.  The class is a one time class that usually costs between $30-$50 per person.  You do not have to attend the class with your spouse, but it is mandatory that both parties attend.  Children over the age of sixteen are also allowed to attend if they are interested. </p>
<p>Many people question whether they have to do counseling to get divorced.  Either party may request counseling, but the Court will only require that the parties to attend one session to determine if the counseling will assist in saving the marriage.  Counseling does not generally delay the divorce proceedings from moving forward. </p>
<p>Because Iowa is a no fault state, you do not have to prove a reason for the divorce, but the above requirements must be met before your divorce is final.  Filing for divorce is an important decision that should you should think about and be prepared for the many things that come with it. </p>
<p>Attorneys Kathryn (Beth) Walker and Lee M. Walker have written a new book entitled the Iowa Legal Insider’s Guide to Family Law, Divorce and Paternity- 5 Ways to Survive.  Why would we offer a Free Book?  Because we believe that all Iowans should have the right information to make informed decisions while they are considering a divorce.  Also, we have had too many clients make mistakes before they came to see us resulting in them losing money and sometimes custody of their children.  To hear a brief recorded message about how to order your FREE copy of this book, call 1-800-850-6617 and enter ext. 613.  (24 Hour Recorded Message) or go to http://www.iowalegalinsider.com/iowa_family_law_cp.html.  </p>
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		<title>What is a Workers’ Compensation Case?</title>
		<link>http://blog.iowalegalinsider.com/?p=12</link>
		<comments>http://blog.iowalegalinsider.com/?p=12#comments</comments>
		<pubDate>Sun, 15 Jun 2008 19:58:16 +0000</pubDate>
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		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blog.iowalegalinsider.com/?p=12</guid>
		<description><![CDATA[Let’s start at the very beginning: Just what is a workers’ compensation case?  A workers’ compensation case is any type of claim where a person has been injured or killed while on the job. The legal requirement is that the work injury arose out of and in the course of employment.  The law [...]]]></description>
			<content:encoded><![CDATA[<p class="MsoNormal" style="text-align: justify;"><span style="color: black;">Let’s start at the very beginning: Just what is a workers’ compensation case? <span> </span>A workers’ compensation case is any type of claim where a person has been injured or killed while on the job.<span> </span>The legal requirement is that the work injury arose out of and in the course of employment. <span> </span>The law does not require that a person is compensated for every work injury. You must prove that you were on the job working when you were injured.<span> </span>However, please keep in mind that there are special exceptions like falling in the employer’s parking lot which is also considered a work injury, horseplay which is not considered a work injury, etc.<span> </span></span></p>
<p class="MsoNormal" style="text-align: justify;"><span style="color: black;"> </span></p>
<p class="MsoNormal" style="text-align: justify;">Under Iowa Law, you need only prove that a work injury caused a material and substantial aggravation of a preexisting condition for it to be considered a work injury.<span> </span>That means just because you have had a prior injury to the same body part, you may still be entitled to benefits.<span> </span></p>
<p class="MsoNormal" style="text-align: justify;">
<p class="MsoNormal" style="text-align: justify;">Also, if you previously sustained a scheduled member injury (arm, leg, etc.), whether or not it was work related, and then you sustain another scheduled member injury then you may be entitled to additional benefits under the Iowa Second Injury Fund.<span> </span>If you qualify for 2<sup>nd</sup> Injury Fund benefits then the extent of your permanent disability benefits will be based upon the factors used when determining industrial disability just like a back, shoulder, neck or brain injury.<span> </span></p>
<p class="MsoNormal" style="text-align: justify;"><span style="color: black;"> </span></p>
<p class="MsoNormal" style="text-align: justify;"><span style="color: black;">If you are able to prove that you sustained a work related injury, there are 3 basic types of workers’ compensation benefits available:</span></p>
<p class="MsoNormal" style="text-align: justify;"><span style="color: black;"> </span></p>
<p class="MsoNormal" style="text-align: justify; text-indent: 0.5in;"><span style="color: black;">1. <span style="text-decoration: underline;">Medical Benefits</span>- Lifetime medical benefits for medical treatment, including doctors’ appointments, prescriptions and mileage expenses related to your work injury.<span> </span></span></p>
<p class="MsoNormal" style="text-align: justify; text-indent: 0.5in;"><span style="color: black;"> </span></p>
<p class="MsoNormal" style="text-align: justify;"><span style="color: black;"><span> </span>2. <span style="text-decoration: underline;">Healing Period/Temporary Disability (TTD/TPD) Benefits</span>- These are the weekly payments made to an injured worker while they are healing from their work injury and are either not able to return to their job, is only able to work a limited number of hours or is not making as much as they were before the work injury work.<span> </span></span></p>
<p class="MsoNormal" style="text-align: justify;"><span style="color: black;"> </span></p>
<p class="MsoNormal" style="text-align: justify;"><span style="color: black;"><span> </span>3. <span style="text-decoration: underline;">Permanent Benefits</span>- At some point the doctors will say that you have healed as much as possible which is also known as maximum medical improvement (MMI).<span> </span>At that point, your benefits change from temporary to permanent.<span> </span>If your medical condition heals and you are left with no permanent problems, then you probably do not have a claim for permanent disability benefits.<span> </span>If you have a permanent impairment rating and/or permanent restrictions, then you are likely owed permanent disability benefits. You need an attorney who understands the specialized workers’ compensation laws.</span></p>
<p class="MsoNormal" style="text-align: justify;"><span style="color: black;"> </span></p>
<p class="MsoNormal" style="text-align: justify;">To learn more about Iowa work injuries including the “<span style="color: black;">7 <span style="text-decoration: underline;">Mistakes</span> To Avoid If You Are Hurt At Work”</span> Call 1-800-707-2552 (ext. 711) (24 Hour Recorded Message) for a Free Book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries” or log onto <a href="http://www.iowaworkinjury.com/">www.IowaWorkInjury.com</a>.<span> </span></p>
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		<title>Should You Handle Your Car Accident Case Without an Attorney? 3 Traps that can Cost You Thousands of Dollars</title>
		<link>http://blog.iowalegalinsider.com/?p=11</link>
		<comments>http://blog.iowalegalinsider.com/?p=11#comments</comments>
		<pubDate>Wed, 11 Jun 2008 19:40:26 +0000</pubDate>
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		<category><![CDATA[Uncategorized]]></category>

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		<description><![CDATA[The answer is “yes”, sometimes it can be a good idea to handle your car accident case without an attorney.  For example, if your total medical expenses are less than $5,000 (this means the total medical bills paid by your insurance company, the bills paid by you and the bills that are unpaid) and [...]]]></description>
			<content:encoded><![CDATA[<p class="MsoNormal"><span style="color: black">The answer is “yes”, sometimes it can be a good idea to handle your car accident case without an attorney.<span>  </span>For example, if your total medical expenses are less than $5,000 (this means the total medical bills paid by your insurance company, the bills paid by you and the bills that are unpaid) and you do not have a permanent injury it may be in your best interests to try to settle the case on your own.<span>  </span>In fact, our office does not accept car accident cases if the person has less than $5,000 in total medical expenses, unless there are permanent injuries.<span>  </span>If you decide to proceed in your car accident case without an attorney there are 3 things that you should know.<span>  </span><o:p></o:p></span></p>
<p class="MsoNormal"><span style="color: black"><o:p> </o:p></span></p>
<p class="MsoNormal"><span style="color: black">1. Negotiating with the insurance adjustor is an important part of resolving a car accident claim and here are some pointers.<span>  </span>You should prepare before speaking with the insurance adjustor and know your facts.<span>  </span>Also, you should have a confident, but polite attitude with the insurance adjustor.<span>  </span>For example, it is unlikely that threatening to go to the insurance adjustor’s boss will help your case.<span>  </span>Do no interrupt the adjustor, but instead listen to what is being said and ask questions about their positions.<span>  </span>Even if the insurance adjustor makes a ridiculously low offer, do not lose your temper or show emotion as that will likely damage your case. <o:p></o:p></span></p>
<p class="MsoNormal"><span style="color: black"><o:p> </o:p></span></p>
<p class="MsoNormal"><span style="color: black">2. As part of preparing to negotiate with the insurance adjustor you should know what medical care and treatment you have had and the amount of your medical bills including the total amount.<span>  </span>For example, if you have $4,000 in medical bills and the insurance adjustor offers you $4,500, you can ask the adjustor if they really think a judge or jury will only give you $500 for what you have been through and your loss of quality of life.<span>  </span><o:p></o:p></span></p>
<p class="MsoNormal"><span style="color: black"><o:p> </o:p></span></p>
<p class="MsoNormal" style="text-align: justify"><span style="color: black">3. You should be aware that often, if your medical bills were paid by health insurance, the insurance company or plan will want to be reimbursed in full out of any personal injury recovery. <span> </span>Your health insurance turns out to be not insurance at all, but rather a loan that has to be paid back.<span>  </span>The laws in some states, including <st1:place w:st="on"><st1:state w:st="on">Iowa</st1:state></st1:place>, generally allow a deduction for attorney fees and costs.<span>  </span>However, we have seen cases where the insurance companies hired lawyers to make the claims for full reimbursement for them. <span> </span>Also, what they don’t tell you is that this area of law, known as “reimbursement or subrogation” can be quite complicated and is sometimes governed by a federal law called ERISA (The Employee Retirement Income Security Act of 1974). <span> </span>If you are handling the case on your own, you should understand the implications of ERISA on your case and who will being paying back your health insurance company.<span>  </span><o:p></o:p></span></p>
<p class="MsoNormal" style="text-align: justify"><span style="color: black"><o:p> </o:p></span></p>
<p class="MsoNormal" style="margin-right: 9pt">A <strong>new</strong> <strong>FREE Book</strong> reveals ? 6 Things to Know Before Talking to the Insurance Adjustor<span>  </span>? 5 Things to Know <strong>Before Hiring an Attorney</strong><span>  </span>? <u>10 Myths</u> about Car Accidents<span>  </span><strong><em>Why offer a <u>Free Book</u>?</em></strong><span>  </span>For more than 10 years Iowa Injury Attorney Corey Walker has represented hundreds of Iowans injured in car accidents.<span>  </span>He has seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars.<span>  </span><strong>Finally</strong>, you can learn about car accidents in the comfort of your own home with no risk or obligation.<span>  </span>However, <u>quantities are limited</u> so to learn how to <strong>avoid costly mistakes</strong> <strong><u>Call Now</u></strong> (800)-707-2552, ext. 210 (Recorded Consumer Awareness Message).<span>  </span>For more information go to <a href="http://www.iowacaraccidentbook.com/">www.IowaCarAccidentBook.com</a>.</p>
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		<title>FLIP-FLOPS AND CROCS, ACCIDENTS WAITING TO HAPPEN</title>
		<link>http://blog.iowalegalinsider.com/?p=10</link>
		<comments>http://blog.iowalegalinsider.com/?p=10#comments</comments>
		<pubDate>Mon, 02 Jun 2008 00:35:14 +0000</pubDate>
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		<category><![CDATA[Uncategorized]]></category>

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		<description><![CDATA[Flip-flops and Crocs have become staples of fashion for children, but could they be an injury waiting to happen?  Studies have shown that not only are the shoes not good for your feet, they can be very dangerous on escalators and other surfaces.  The American College of Foot and Ankle Surgeons has an increase in [...]]]></description>
			<content:encoded><![CDATA[<p class="MsoNormal" style="text-align: justify">Flip-flops and Crocs have become staples of fashion for children, but could they be an injury waiting to happen?<span>  </span>Studies have shown that not only are the shoes not good for your feet, they can be very dangerous on escalators and other surfaces.<span>  </span>The <st1:place w:st="on"><st1:placename w:st="on">American</st1:placename> <st1:placetype w:st="on">College</st1:placetype></st1:place> of Foot and Ankle Surgeons has an increase in reported injuries every spring and summer directly related to wearing flip-flops.<span>  </span>Flip-flops were designed to be worn for short walks to and from the beach or pool, not as all day footwear.<span>  </span>In addition, there has been a sharp increase in injuries reported with people wearing Crocs on escalators.<span>  </span></p>
<p class="MsoNormal" style="text-align: justify"><o:p> </o:p></p>
<p class="MsoNormal" style="text-align: justify">The U.S. Consumer Product Safety Commission statistics show that there were more than 10,000 injuries on escalators in 2007, while there was only one reported in 2006.<span>  </span>Many parents are reconsidering purchasing these shoes or making sure they limit how and when they are worn.<span>  </span>The slip resistant nature of Crocs seems to be the cause of the escalator injury because the shoe catches in the step and gets sucked into the escalator causing foot injuries.<span>  </span>As summer approaches, it is important to consider whether these types of shoes are really a smart choice.<span>  </span>If you do wear them, or allow your kids to wear them, remember what uses they were designed for and limit use to the appropriate activities.<span>  </span>For more information go to <a href="http://www.iowainjurybook.com/">www.IowaInjuryBook.com</a>.</p>
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		<title>What Must be Proven to Win an Accident Case?</title>
		<link>http://blog.iowalegalinsider.com/?p=9</link>
		<comments>http://blog.iowalegalinsider.com/?p=9#comments</comments>
		<pubDate>Thu, 29 May 2008 22:12:56 +0000</pubDate>
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		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blog.iowalegalinsider.com/?p=9</guid>
		<description><![CDATA[The law does not require that a person is compensated for every injury. You must prove that someone else was negligent, reckless or careless and that because of their behavior you were injured.  If you have been injured in an accident that was no one’s fault or if you do not sue the right person, [...]]]></description>
			<content:encoded><![CDATA[<p class="MsoNormal" style="text-align: justify"><span style="color: black">The law does not require that a person is compensated for every injury. You must prove that someone else was negligent, reckless or careless and that because of their behavior you were injured.<span>  </span>If you have been injured in an accident that was no one’s fault or if you do not sue the right person, company or business, then the law says that you will not win your case.<span>  </span>You definitely do not need an attorney for every injury case. For example, our office will not accept your case if there is little or no property damage and/or your injuries are minor.<span>  </span>Why would we not handle these cases?<span>  </span>First of all, in small cases the attorney fee and costs might leave little or nothing for you after your medical bills are paid which would not be fair to you.<span>  </span>Also, these cases would take time away from the more significant cases that we handle.<span> </span></span></p>
<p class="MsoNormal" style="text-align: justify">&nbsp;</p>
<p>&lt;&gt;<span style="color: black"><o:p></o:p></span>If you or a loved one has been injured in a personal injury accident you may be worried about your financial future or confused about what to do next.<span>  </span>A new <strong><u>Free</u></strong> book reveals <strong>7 Common Mistakes</strong> made by Iowans injured in car accidents and other personal injury accidents.<span>  </span>The book also includes <strong>12 Myths</strong> <strong>about <st1:state w:st="on"><st1:place w:st="on">Iowa</st1:place></st1:state> Injury Cases</strong>, 6 things to know before talking to the insurance adjustor, 5 things to know before hiring an attorney and if you even need an attorney for your case.<span>  </span>Why would we offer a free book?<span>  </span><span style="color: black">We have heard too many <strong><span style="font-weight: normal">horror stories</span></strong> about people making mistakes because they did not know their legal rights which resulted in them losing thousands of dollars.</span><span>  </span>To hear a brief recorded message about how to order your copy, Call 1-800-707-2552 and enter ext. 212 (24 Hour Recorded Message) or for more information log onto <a href="http://www.iowainjurybook.com/">www.IowaInjuryBook.com</a>.<span>   </span></p>
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		<title>Dogs Bites Upon Children on the Rise</title>
		<link>http://blog.iowalegalinsider.com/?p=8</link>
		<comments>http://blog.iowalegalinsider.com/?p=8#comments</comments>
		<pubDate>Sun, 18 May 2008 13:26:14 +0000</pubDate>
		<dc:creator></dc:creator>
		
		<category><![CDATA[Personal Injury]]></category>

		<guid isPermaLink="false">http://blog.iowalegalinsider.com/?p=8</guid>
		<description><![CDATA[According to the Centers for Disease Control and Prevention in Atlanta, Georgia, nearly 2% of the U.S. population is bitten or attacked by a dog each year.  This translates to more than 5 million dog bite victims every year, most of whom are children.  Every day approximately 1,000 dog bite victims go to hospital emergency [...]]]></description>
			<content:encoded><![CDATA[<p class="MsoNormal" style="text-align: justify">According to the Centers for Disease Control and Prevention in Atlanta, Georgia, nearly 2% of the U.S. population is bitten or attacked by a dog each year.<span>  </span>This translates to more than 5 million <span>dog bite</span> victims every year, most of whom are children.<span>  </span>Every day approximately 1,000 <span>dog bite</span> victims go to hospital emergency rooms.<span>  </span>During the past 10 years, the number of dogs in the United States increased by only 2%, while the number of dog bites increased by more than 33%.<span>  </span>Dog bite losses exceed $1 billion per year, with $345 million being paid by homeowner insurance policies.</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal" style="text-align: center" align="center"><strong>Why do Dogs Bite and What Can Be Done to Prevent It?</strong></p>
<p style="text-align: justify">There are many reasons why <span>dogs bite</span>.<span>  </span>Some bite out of fear, in an attempt to protect their territory or to establish their dominance over the person bitten.<span>  </span>Some owners mistakenly teach their dogs that biting is an acceptable form of play behavior, and every year a number of newborn infants die when they are bitten by dogs that see them as &#8220;prey&#8221;.</p>
<p style="text-align: justify">There are several common sense methods of preventing <span>dog bites</span>, but sometimes there is no way to avoid an attack.<span>  </span>If you are attacked, first try to block the attack with an object like a jacket or backpack.<span>  </span>If you fall or are knocked to the ground, curl into a ball, protect your face by covering your head and neck.</p>
<p style="text-align: center" align="center"><strong>Is the Owner of the Dog Liable?</strong></p>
<p class="MsoNormal" style="margin-right: 9pt; text-align: justify">Iowa Code § 351.28 provides that the owner of a dog “shall be liable to a injured party for all damages done by the dog…attacking or attempting to bite a person, except when the party damaged is doing an unlawful act” (for example someone breaking into a home is not allowed to recover if he/she is bitten or attacked by a dog).<span>  </span>This is a lower standard than other personal injury cases where you have to prove negligence, recklessness, etc. <span> </span>A new <strong>FREE Book</strong> reveals: ? 3 Ways to Avoid an Attack ? 8 Things to do if Bitten or Attacked<span>  </span>?<span>  </span>Should You Give a Recorded Statement? ? 6 Things to Know <span style="text-decoration: underline;">Before</span> Talking to the Insurance Adjustor or Hiring an Attorney and much, much more.<span>  </span><strong><span> </span><em>Why offer a <span style="text-decoration: underline;">Free Book</span>?</em></strong><span>  </span>For more than 10 years Iowa Injury Attorney Corey Walker has represented hundreds of injured Iowans, including many dog bite victims.<span>   </span>He has seen too many make mistakes before they had the “right” information resulting in them losing thousands of dollars.<span>  </span>Whether you or a loved one have been bitten by a dog or are just around dogs then this book is available to you.<span>  </span><strong>Finally</strong>, you can learn about dog bites in the comfort of your own home with no risk or obligation.<span>  </span>However, <span style="text-decoration: underline;">quantities are limited</span> so to learn how to <strong>avoid a dog bite or costly mistakes </strong><span>     </span><strong><span style="text-decoration: underline;">Call Now</span></strong> (800)-707-2552, ext. 213 (24 Hour Recorded Message) or go to <a href="http://www.dogbitebook.com/">www.DogBiteBook.com</a>.</p>
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