Trial Lawyers for Justice Settles Record $3.5 Million Case Against State of Iowa

Trial Lawyers for Justice Settles Record $3.5 Million Case Against State of Iowa

Trial Lawyer Nick Rowley, founder of Trial Lawyers for Justice, his partners at Trial Lawyers for Justice, Dominic Pechota and Matt Reilly, and referring counsel James Van Dyke announced a $3.5 million settlement with the State of Iowa in a car crash case involving a state owned snow plow. According to the State of Iowa’s legal counsel, it is the largest personal injury settlement ever entered into by the State of Iowa in a civil case.

Client Nathan Thompson was driving westbound on U.S. Highway 30 in Carroll County, Iowa around 8:30am when a State of Iowa snowplow traveling in the opposite direction failed to raise his wing snowplow before crossing Storm Creek Bridge, causing the plow to strike the guard rail of the bridge, pushing the plow into the path of Nathan’s car.

The crash resulted in Nathan drifting in and out of consciousness and needing to be removed from his vehicle by the Jaws of Life. He was taken to the hospital with a cerebral hemorrhage as well as multiple fractures including his ankle, foot, toe, and wrist.  Nathan sustained a mild traumatic brain injury in the crash. By the time of the settlement, Nathan had returned back to work but continued to suffer from the effects of his mild traumatic brain injury and other physical ailments.

“This is a clear cut case in which a plow operator failed to perform his job duties in accordance with policy and training,” said Nick Rowley, lead trial lawyer. “This resulted in Nathan’s vehicle being struck by a massive snow plow causing tremendous pain and suffering, economic damages, and life-long physical and mental injuries. I am very pleased for Nathan. This was a contested liability case. The State of Iowa’s position, up until the day we reached settlement, was that Nathan was traveling too fast for conditions. The State of Iowa made a smart move by paying the settlement because they would have paid a lot more after trial.”

Settlement was reached less than two weeks prior to trial.

Top Summertime Injuries & How to Avoid Them

Top Summertime Injuries & How to Avoid Them

The summer season is inching closer and closer. Summer is known for its warm weather and sunshine, but many people do not realize that summer is also the season of serious injuries. Here’s a look at some of the most common summertime safety threats:

Swimming Pool Injuries

There’s no better way to beat the heat than by jumping into a swimming pool. If you plan on taking a dip in a swimming pool this summer, it’s important to know how to protect yourself.

Many swimmers are seriously injured when they dive into the shallow end of the pool. To avoid this problem, be sure to look for signs that indicate the depth of the pool before diving in. You should also use caution when walking around the edge of the pool since these surfaces tend to be slippery. Never run–even if the surface appears to be dry.

If you are with children, keep an eye on them at all times. Even if children know how to swim, they are far more likely than adults to be injured or killed in swimming pool. For this reason, adults need to closely watch children who are near or in a swimming pool.

Traffic Crashes

Traffic crashes occur everyday, but there is usually an increase in crashes during the summer months. There are several possible explanations for this increase in collisions. First, a lot of people take time off to travel in the summer, so it’s possible that some of the drivers you see on the roads are from out-of-town. This means these drivers are not familiar with the area, so they may suddenly slam on the brakes to make a turn or drive slower or faster than legally permitted.

Kids are also out of school over the summer, so it’s possible that the increase in crashes is partly due to the number of inexperienced drivers on the road. Inexperienced drivers may not know how to quickly react to changes in their environment. Young drivers are also known for becoming easily distracted, which can be put other drivers in danger.

The best way to avoid getting into a car crash is to stay aware of your surroundings at all times. A car crash could occur in seconds, so taking your eyes off of the road for even a moment could lead to a disaster.

Boating Injuries

Many people spend their free time on the water during the summer, which is why there is usually a spike in boating incidents during this season. A boating injury can occur for many different reasons, including operator inattention or inexperience, speeding, mechanical failure, or hazardous conditions. Regardless of the cause, these incidents can lead to serious injuries. This is especially true if passengers are thrown into the water, which can cause brain injuries, spinal cord damage, and even death.

Luckily, there are several steps you can take to prevent boating injuries. First, never go out on the water without checking the weather forecast. Use good judgment when deciding whether or not it is safe to go boating given the forecast.

You should also avoid being in a boat with an irresponsible operator. If someone is not qualified to operate a boat, stay on shore instead of putting your life in their hands.

Before getting on the boat, make sure there is enough safety gear for every passenger. There should be a life jacket for every single person on the boat in addition to floatation devices. Having this gear could save you from drowning in the event of a mishap.

Bike Crashes

A lot of people enjoy riding bikes during the summer because of the beautiful weather. Biking is a great form of cardio exercise, but it can also be dangerous. According to the National Highway Traffic Safety Administration (NHTSA), about 800 people are killed in bicycle crashes every year.

These crashes are often caused by negligent drivers who are driving recklessly or not paying attention to the road. To protect yourself, it’s important to assume that other motorists on the road do not see you. Pay close attention to what other motorists are doing so you can quickly react if a car starts heading in your direction. There’s no way to completely eliminate the risk of being hit, which is why the NHTSA encourages all bicyclists to wear safety gear such as helmets and padding. This safety gear will not prevent crashes, but it will offer you some protection in the event you are hit.

Dog Bites

Dog bites occur more frequently in the summer season. This is because dog owners are more likely to take their pets on long walks during the summer than they are in the winter months, so there are more dogs out in the community. Plus, the warm weather can agitate dogs in the same way it can leave humans feeling uncomfortable and irritable.

To avoid a dog bite injury, it’s important to know how to read a dog’s body language. Some of the most common signs of aggression include stiff limbs, forward legs, curled lips, and visible teeth. All of these signs indicate that the dog feels threatened and is preparing to attack. A dog that tucks his tail, pushes his ears back, and lowers his body to the ground is most likely frightened. Sometimes, frightened dogs become submissive to avoid harm, while other fearful dogs choose to attack to protect themselves. It’s impossible to know predict how a dog will respond to fear, so it’s best to avoid dogs that seem frightened.

Have you been injured in one of these summertime injuries? If so, contact Trial Lawyers for Justice today to schedule a consultation regarding your case. Our personal injury attorneys are available year-round to help clients seek justice and recover the compensation they deserve.

I Tripped in a Store. What Should I Do?

I Tripped in a Store. What Should I Do?

Retailers are legally obligated to maintain safe conditions on their properties at all times to ensure their customers are not injured while shopping. But unfortunately, some retailers fail to fulfill this legal obligation. Customers can trip over a number of things inside a retail store, including items that have fallen off of the shelves, uneven flooring, torn carpeting, and product fixtures.

 

This can be devastating. Many victims suffer serious injuries such as traumatic brain injuries, spinal cord damage, and broken bones. Can these victims take legal action to recover compensation for their injuries? Who can be held accountable? Here’s what you should know if you ever find yourself in this situation:

Who is Responsible For Trip and Fall Injuries?

Every trip and fall victim should be familiar with the legal concept of premises liability. The legal concept of premises liability states that a property owner is responsible for maintaining safe conditions on their property so their guests are safe at all times. If a property owner fails to do so, they can be held accountable for injuries that occur as a result of hazardous conditions on their property.

But, it’s important to understand that the law does not automatically hold property owners liable for every injury that is sustained on their property. To hold a property owner liable, the victim must be able to prove that the property owner’s negligence directly led to their injuries. The property owner can be held liable if any of these conditions are met:

  • The property owner, or one of the property owner’s employees, knew about the hazardous condition, but did not take action to fix it.
  • The property owner, or one of the property owner’s employees, caused the hazardous condition, but did not take action to fix it.
  • The property owner did not know about the hazardous condition, but they should have known since a reasonable property owner would have been aware of it.

For example, let’s say the property owner knew that the flooring needed to be replaced because it was torn and causing customers to lose their footing. If the carpeting was still not replaced even though the property owner knew this needed to be done, the property owner can be held liable for any injuries that occur as a result of this safety hazard.

What if the Retailer Does Not Own the Property?

Retailers often rent their retail space, which means they are not the owners of the property. In this scenario, a personal injury attorney must examine the details of the case to determine if the retailer or the landlord is responsible for your injuries.

Consider the torn flooring example mentioned above. The landlord is usually responsible for replacing their tenant’s flooring when it starts to tear. If the retailer never informed the landlord that the flooring needed to be replaced, the landlord may not be liable for this hazardous condition. In this case, the liability may fall on the retailer instead. However, if the retailer had informed the landlord that the flooring needed to be replaced, but the landlord failed to replace it, the landlord would be responsible.

The retailer could also be held responsible in other situations. For example, if someone trips on an item that has fallen off of the shelves or a fixture that is placed in the middle of the walkway, this is the retailer’s fault. These hazardous conditions are not related to issues with the structure or the property itself, so the landlord is usually not held liable.

It can be challenging to determine who is liable for a trip and fall victim’s injuries. Because of this, it’s in the victim’s best interests to work with an attorney who has the legal experience and resources to handle the complexities of the case.

How to Recover Compensation After A Trip and Fall

Trip and fall victims are entitled to compensation for their injuries. But, victims can only recover compensation by building a strong case against the negligent party with the help of a personal injury attorney. Your attorney will handle the majority of the work, but there is one thing you can do. Document evidence at the scene of the incident by taking photographs, asking witnesses for their contact information, and filing a report with the retailer. All of this evidence can be used to prove liability in your case, which is the key to recovering compensation.

It’s also important for trip and fall victims to seek medical attention as soon as possible after the incident. Seeing a doctor will ensure the injuries you sustained in the incident are officially documented. This makes it harder for the at-fault party’s insurance company to claim the injuries do not exist or were not sustained in the trip and fall. Be sure to keep a copy of your medical records in a safe place and follow the doctor’s orders carefully.

Finally, get in touch with a personal injury attorney right away. Choose a personal injury attorney who has experience recovering compensation for clients in trip and fall cases. Do this as soon as possible after the happening so your attorney can contact the retailer and ask for surveillance footage and other important evidence that could be destroyed in a matter of days.

Have you been injured as a result of a trip and fall inside a retail store? If so, contact Trial Lawyers for Justice today to schedule a consultation with a personal injury attorney regarding your case. Our team of skilled personal injury attorneys will immediately begin gathering evidence and building a case against the negligent property owner or retailer. Let us fight for the compensation you deserve for your injuries!

Can You Have A Medical Malpractice Case Regardless Of Age?

Can You Have A Medical Malpractice Case Regardless Of Age?

Medical errors are the third leading cause of death in the United States, behind only heart disease and cancer. Errors made by healthcare providers cause over 250,000 deaths per year, which is roughly 10% of annual deaths in the U.S. These errors also cause tens of thousands of non-fatal injuries as well. Based on these statistics, it is clear that medical malpractice is a serious problem.

Victims of medical malpractice have the right to file a claim against the negligent healthcare providers that caused them harm. However, compensation is never a guarantee in medical malpractice cases. A number of factors can affect whether or not you are awarded compensation, and if so, how much you are awarded. Is the victim’s age one of the factors that could impact the case? Here’s what you should know:

Types of Medical Malpractice

There are several different types of medical malpractice that could affect people of all ages. The most common type is misdiagnosis, which is also referred to as failure to diagnose. This occurs when a healthcare provider fails to properly diagnose a patient. Misdiagnosis can happen anywhere, but it is especially common in emergency rooms since doctors are forced to rush from patient to patient, leaving little time for them to think clearly.

Medication errors are another type of medical malpractice. This occurs when a healthcare provider prescribes or administers the wrong medication or the incorrect dosage. It can also occur when a healthcare provider prescribes or administers a medication that the patient is allergic to or is not supposed to take for another legitimate reason.

Surgical errors, which are errors made during surgical procedures, are also common. Some examples of these errors include failing to sterilize the surgical equipment, operating on the wrong part of the body or the wrong person, or leaving a surgical tool inside the patient.

These are just a few of the many different types of medical malpractice cases. It’s important to note that any type of healthcare provider can be held accountable for making these mistakes, including doctors, nurses, surgeons, and dentists.

What Needs to Be Proven in Medical Malpractice Cases

There are three elements of medical malpractice that must be proven in order to recover compensation. First, the victim must be able to prove that the healthcare provider was negligent. This means proving that the healthcare provider acted in a way that another competent doctor in the same situation would not have acted. For example, let’s say a doctor fails to diagnose your heart condition because they do not order the appropriate tests. If a reasonable doctor would have known to order these tests based on your symptoms, your doctor was negligent.

Next, the victim needs to prove that the healthcare provider’s negligence directly led to their injuries. Consider the example mentioned above one more time. If you were correctly diagnosed by another doctor before the heart condition became any worse, you may not have suffered any harm as a result of the first doctor’s diagnosis. Therefore, this is not malpractice since the doctor’s negligence did not cause you harm. However, if you suffered a heart attack that could have been prevented if you had only been correctly diagnosed the first time, then you would have a reason to file a medical malpractice claim. In this case, the doctor’s failure to diagnose your condition directly caused your injury.

Finally, the victim needs to prove that the injury led to specific damages. The term damages can refer to medical expenses, lost wages, or pain and suffering that is directly related to the injury. If the healthcare provider’s negligence was responsible for your injury and the injury led to specific damages, then the healthcare provider is therefore responsible for the damages.

How Age Can Affect Medical Malpractice Cases

A person’s age may affect their medical malpractice case in one of two ways. First, it could affect the amount of compensation they are awarded. Why? Lost wages often account for a significant portion of a medical malpractice award. This is compensation awarded to the victim to make up for income they already lost and income they expect to lose in the future as a result of their injuries.

Many older adults are retired, which means their income will not be affected by an injury. Even if an older adult is not retired yet, their future earning potential is limited since they do not have many working years left. This means older adults are typically not awarded as much compensation for their current and future lost wages as young adults.

Second, the age of the victim could also be used to defend the healthcare provider in a medical malpractice case. How? In general, a person’s health starts to decline as they grow older. This means older adults are more likely to experience health problems and suffer complications during surgical procedures. Therefore, the healthcare provider might claim that the victim’s injury was not their fault because it occurred as a result of the victim’s age. It is up to the victim’s attorney to prove that the healthcare provider’s negligence, and not the victim’s declining health, is the cause of the victim’s injuries.

It’s true that age can affect medical malpractice claims, but this does not mean that recovering compensation is impossible for older adults. It simply means that older adults must rely on experienced attorneys to recover the compensation they deserve.

People of all ages can be seriously injured as a result of a healthcare provider’s negligence. If you are a victim of medical malpractice, contact Trial Lawyers for Justice today to schedule a consultation regarding your case. Our team of experienced personal injury attorneys will work tirelessly to hold the negligent healthcare provider accountable.

Nick Rowley Fireside Chat – The Art of Storytelling in Trial

Nick Rowley Fireside Chat – The Art of Storytelling in Trial

Nick Rowley recently sat down with Trial Guides for another Fireside Chat on the topic of “The Art of Storytelling in Trial”.  In the video, Nick spends nearly two hours talking about the importance of the jury hearing, feeling, and experiencing for themselves the important story being told during a trial.

“Never get up and tell the jury how great your client is and what they do and what happened to them, show them.”