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Lombardi Law Firm
Practice Areas

Injured In A Car Accident? Know Your Rights

If you’re suffering from pain resulting from a car accident the first thing you need to do is talk with an experienced  personal injury lawyer. Finding the right lawyer is one phone call away. We file a many personal injury lawsuits every year. We file suit in order to get you the award you deserve. 


NOTICE - PLEASE READ THIS CAREFULLY. We are not a volume law firm with volume lawyers who take on just any case, but never have the time to speak with the client. We take only cases where there are serious personal injuries, which usually involves surgery. (Broken bones, some sort of surgery, a spinal cord injury including ruptured discs, brain damage, quadriplegia, paraplegia, loss of an arm, a leg or an eye or hearing.) This firm is selective about what cases it takes. We are not after volume. We are about doing serious work for serious clients. We are not the YouTube of the law, here to teach DIY case handling, because a serious personal injury case is not like fixing a leaky toilet. If you have a serious personal injury call to speak with the attorneys and then we will set up an appointment.


Filing A Claim After A Car Accident

If you have insurance coverage, first place your insurance company on notice of the accident by calling the agent; also most insurance companies have a toll free number to report an accident. If you don't have insurance stop talking to the other driver and, as mentioned above, called a skilled car accident attorney. But before you provide a recorded statement talk with us. You won't be sorry.Injured In A Car Accident


Here at the Lombardi Law Firm we are dedicated to working with you to ensure the other driver’s insurance company, doesn’t attempt to strong-arm you into settling for less than what your injuries are worth after blaming you. We understand how insurance adjusters work when it comes to car accidents, and frankly, we know there goal is to pay you the least amount of money for your personal injury claim.


  • The attorneys of the Lombardi Law Firm are able to assist you with all of the following involving your case and more:
  • Photographs to show the damage to the vehicles.
  • Photographs of the cars, trucks or motorcycles involved
  • Photographs of the location of the collision.
  • Photographs and measurements of any skid marks or scuffs on the road's surface.
  • Photographs and measurements of anything that obstructed your vision along the roadway.
  • Towing bill.
  • Damage repair estimate with details of what was damaged or the total loss report. If the car, truck or motorcycle was a total loss then a photograph of it's condition just previous to the collision and the odometer reading.
  • You may need the bill of sale when you purchased the car, truck or motorcycle.
  • Car rental receipt or invoice if you had to lease a car while yours was getting repaired.
  • The police officer’s report of the accident; investigating officer's report.
  • Medical records from the medical service providers that show your conditions, diagnoses, prognoses, tests and other treatments.
  • Medical bills for all expenses for which you will make a claim.
  • Wage loss statement from your supervisor.
  • Medical reports indicating whether you have permanent impairment.
  • Doctor's slip saying you had to miss work.
  • Witness names and contact information.

What is your car accident case worth?

Some people believe they can represent themselves, but not if you have an accident involving a serious personal injury. We specialize in representing car accident victims. There's a great deal of effort that goes into proving who was at fault in a car accident and developing the medical evidence you will need for a complete recovery. Contact us online or call us directly at 515.222.1110 to schedule your free consultation and see what your car accident case may be worth.


Other Practice Areas:

  • Truck and Tractor Trailer Accidents
  • Workers Compensation and Employee Rights
  • Property and Real Estate Injuries

Accidents Involving Lyft, Uber, Jimmy Johns, Food Delivery Drivers

If you want to really spoil your day get in an accident while driving for Lyft, Uber, Jimmy Johns or any of the other food service restaurants and not have the right insurance endorsement. This is serious so listen up.


Recently one of our clients was rear-ended by a driver who had insurance with Progressive Insurance. But because he had not advised Progressive and secured an endorsement for coverage, Progressive denied the claim under a commercial exclusion clause. Yeah no kidding.


And if it wasn't already spoiled, here is the part of this story that would really spoil your day. In Iowa, and in most states, if at the time of a collision (an accident) you do not have insurance coverage you lose your driver’s license until you either pay for the damages or prove you had insurance.


Which means when your coverage for the accident is denied, the first thing the injured person’s lawyer does is flag the DOT about your lack of coverage.


With the proliferation of ride-sharing and food-delivery services insurance adjusters take statements and ask the questions about the purpose of the trip. Unsuspecting insureds think they will be alright saying they were on a delivery. NOT!


LET’S NOT SPOIL OUR DAY

How many ride-sharing companies are there? Here are the top six. Uber, Lyft, Via, Gett, Curb and Ztrip


How many food delivery services are there? There are many ways to get involved with food delivery services, but the top nine according to Lifewire are: Seamless, Postmates, GrubHub, Delivery.com, Eat24, OrderUp, Munchery, Caviar and DoorDash.


Related Areas:

  • Drunk Driving Accidents
  • Motorcycle, Bike And ATV Accidents
  • Pedestrian Accidents & Injuries
  • Car & Property Damage
  • High Speed Police Chases

Call Today For a Free Consultation: (515) 222-1110


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In 2005, there were 8,481,999 large trucks on the roads, according to the National Highway Traffic Safety Administration (NHTSA). 136,568,000 passenger cars and 6,227,000 motorcycles simultaneously occupied the highways (Bureau of Transportation Statistics).


Finding room for tractor trailers and passenger vehicles to share the road is difficult and often dangerous. In 2005, there were 4,533 fatal crashes involving large trucks, not to mention  78,000  nonfatal crashes. Although all vehicles on the road must obey the same rules, truck drivers face several significant disadvantages: wider turn radiuses, larger blind spots and slower acceleration times. Truck drivers also face problems with fatigue, grueling delivery schedules, overloaded shipments, the potential for a heavy load to become unbalanced, and other drivers’ impatience with tractor trailers on highways.


Trucks Cause Significant Accidents and Serious Injuries to Other Drivers

Because of a tractor trailer’s size and weight, the potential for causing damage to everyone involved in a truck accident—especially those in a much-smaller car—is great. Personal injuries from a truck accident can be relatively common (bruising, lacerations, sprains, or fractures) or very severe (internal bleeding, damage to organs, whiplash, brain injury, spinal cord injury, loss of limb, or death). These injuries can certainly cause some long-lasting mental and physical trauma. Just as importantly, however, they can affect your relationships with your family and friends, especially as you face the added burden of financial concerns, insurance claims, lost pay, and potentially life-long medical problems.


Although most accidents are caused by the commercial driver, a significant number of these accidents occur because driving a truck makes it difficult to fully see the surroundings and because many passenger vehicle drivers fail to respect the truck’s right to drive on the roads. Remember being courteous is a two-way street. Tractor trailer drivers recommend that when cars have to share the road with big trucks, the car drivers follow a few simple rules: don’t cut off the tractor trailer, since big trucks require a lot more room than cars to stop; be courteous and don’t try to race past a truck with its blinkers on; don’t drive alongside the truck, especially if you run the risk of disappearing in the truck driver’s blind spot.


Truck Accidents Are Expensive. Your Insurance Probably Won’t Be Enough

According to a report issued by the Pacific Institute in December 2006, “Unit Costs of Medium and Heavy Truck Crashes,” the estimated cost of a crash with a tractor trailer weighing more than 10,000 pounds averaged $91,112; costs (assessed for the duration of the victim’s life) including medical bills, emergency service costs, property damage costs, and a monetary assessment of pain, suffering, and quality of life for the family due to a death or injury. Chances are very good that your insurance company will fall short of helping you recover everything owed to you because insurance companies don’t represent you and when they are talking to you they are thinking of how to get out of paying you or how to pay you what you deserve to be paid.


That’s why it’s important to contact an experienced truck accident attorney as soon as possible after a crash or wreck. If you are injured in an accident involving a tractor trailer along the highways of central Iowa, Steve Lombardi of the Lombardi Law Firm in Des Moines can help you handle these troubling times. With 26 years of experience behind him, he is well-equipped to navigate the court system and fight the insurance companies that want to pay as little as possible on your claim. With Steve Lombardi on your side, you will be well cared for and will recoup as much of your losses as possible.


Other Practice Areas:

  • Iowa Car Accidents
  • Workers Compensation and Employee Rights
  • Property and Real Estate Injuries


Call Today For a Free Consultation: (515) 222-1110


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Every year since 1981, this firm has handled motorcycle, bicycle and ATV accidents for Iowa clients. Injured people need us and we are here to help them. Every accident is different and requires a unique approach to maximizing the recovery. We focus only on SERIOUS PERSONAL INJURY CASES. Last year, one of our client's case settled for $6.1 million. At least 50 client cases were resolved and each involved clients who suffered an accident with serious personal injury. The more serious injury cases usually involve semi-trucks, high-speed collisions, bikes, ATVs, and motorcycles definitely seem to be in this category.


Serious Personal Injury Cases - Quadriplegia & Paraplegia

Motorcycle, ATV and bicycle collisions are different than car and truck accidents. They can be unique accidents in several ways. Because it is a motorcycle, bike or ATV, everyone wants to blame the rider and driver, but especially the rider - but not the car driver. Damages can be catastrophic and often include broken bones, head trauma, traumatic brain injury, death, loss of limbs, loss of a limb and a whole lot of road rash. Most of these cases require several experts just to set up the liability portion of the case. Damage experts normally include trauma surgeons, emergency room doctors and orthopedic surgeons. We handle it all, just like we have done for the past thirty-five plus years.


Motorcycles and ATV's are fast, quick and agile. And of course, motorcycles or bikes can result in fatal accidents. Since they are smaller than cars and a lot smaller than trucks, motorcycles and bikes are claimed to be hard to see. Most accidents with cycles are caused by drivers failing to yield the right of way. In 2006, approximately three-fourth's of motorcycle accidents involved another vehicle and most were caused by the other driver. Since the motorcycle rider is exposed, the riders are far more likely to experience serious personal injury, including brain or spinal cord injuries, broken bones, loss of limbs, abrasions, and even death. This firm has handled each of these types of injuries or death. The costs of medical care to treat injuries, but especially a brain injury, quadriplegia, or paraplegia, can be enormous. If you have a serious injury we would like to speak with you about your case as close to the accident as possible.


Serious Personal Injury Cases - Death Cases

Handling hospital bills and insurance claims is technical and requires knowledge of the right laws. Are you tired of not getting answers and feeling like you’re getting the run-a-round? Are you tired of bill collectors hounding you to pay the ambulance bill? Hospital bills? Doctor's bill?


If you are injured in a motorcycle, ATV or bicycle accident anywhere in Iowa, call Steve Lombardi or Katrina Phillip of the Lombardi Law Firm, attorneys with motorcycle accident experience. We can help you. With 35 plus years of experience in the courts, Steve is very knowledgeable about personal injury law and well equipped with the best way to approach the courts to get the result you will need.


Serious Personal Injury Cases - Brain Injuries

In motorcycle, bike, and ATV crashes, injuries are common in the head and neck area. Broken necks can cause quadriplegia, lower level spine compression can cause paraplegia. And of course skull fractures can cause brain injuries lasting a lifetime. Many states have accordingly mandated helmet laws (think of them as being similar to safety belts in cars). Iowa does not mandate helmets, but permits riders to choose to wear or not wear a helmet. Statistics obtained from the 1994 Motorcycle Statistical Annual, Motorcycle Industry Council, however, show that the numbers of injuries and fatalities were actually greater for states with mandatory helmet laws.


Helmet laws or no helmet laws, all age issues aside, the bottom line is that the number of motorcycle-related fatalities has increased dramatically since 1997. The fatality rate per 100 million was 20.99 in 1997; by 2004, that number had almost doubled to 39.89 (2,116 deaths in 1997 compared to 4,008 in 2004). Take into account that there are almost 2 million more registered motorcycle riders in the country, but comparatively, the number of vehicle miles traveled has not increased, and it becomes clear that motorcycle riders face a severe problem. When you ride a motorcycle, you face a significant risk of being seriously injured.


Serious Personal Injury Cases - Call Today

If you should find yourself involved in a motorcycle, bike, or ATV accident in Iowa, don’t wait. In the state of Iowa, personal injury claims must be brought to court within two years.


Contact us online or call us directly at 515.222.1110 for your free consultation. It’s essential to have an experienced motorcycle accident attorney on your side to fight for your rights, to help you recoup lost pay, and to help you pay for the medical bills incurred by a potentially severe injury. You have the right to be justly compensated for injuries caused by the negligence of another.


Related Areas:

  • Drunk Driving Accidents
  • Pedestrian Accidents & Injuries
  • Car & Property Damage
  • High Speed Police Chases


Call Today For a Free Consultation: (515) 222-1110



If you have questions about property damage the personal injury lawyers of the Lombardi Law Firm are here to answer your questions.

Due in part to the number of questions we get asked about damages resulting from inattentive drivers as well as distracted pedestrians the Lombardi Law Firm assists pedestrians who have been injured. If your accident has significant personal injury or someone was killed in the accident, you really need to consult with an experienced pedestrian accident attorney.

Valuable Information Regarding Pedestrian Accidents & Property Damage
Attorney Steve Lombardi here with a couple of pedestrian accident reports that recently caught my eye. In some of these accidents, pedestrians were actually killed by distractions resulting from cell phones, mp3 players and iPods. NPR recently aired a very good story about digital distractions while driving.

So what is going on with pedestrians? I do not blame the pedestrian as much as the driver. It is the driver who is behind the wheel and can kill or seriously injure the pedestrian. Allow us to help you by calling today.

Have You Been Injured Or Involved In A Pedestrian Accident?
If you've been hit by a negligent driver while crossing an intersection, or if you've been the driver involved in a pedestrian accident you must seek the advice of a professional, experienced attorney as soon as possible. Contact us online by filling out our convenient form or call us directly at 555-222-1110 for your free consultation.

Related Areas:
  • Drunk Driving Accidents
  • Motorcycle, Bike And ATV Accidents
  • Car & Property Damage
  • High Speed Police Chases
Were you involved in a pedestrian-car-truck accident? These are not easy cases to win and be aware the car’s driver will try to blame you. They will say you had the wrong color clothes on or you were negligent for not looking hard enough. It’s unusual for the driver of a car or truck to actually take responsibility for driving too fast and not paying enough attention. You can’t even trust your own insurance company’s adjuster because they are concerned with paying you under your own policy. It’s not unusual for these collisions to result in severe, life changing injuries that are catastrophic so consider hiring us as soon after the collision as you are able. We'd like to help you so call us today. Don't delay, pick up the phone.

Call Today For a Free Consultation: (515) 222-1110


There are many ways personal injury and death are caused by drunk drivers. It is not possible to list them all here. If you or a loved one suffered an injury from someone who "drink and drive", you need to speak with an experienced drunk driving victim attorney as soon as possible. We will investigate and evaluate your right to receive compensation.


We handle these cases on a regular basis. If you are a wife or husband whose spouse has died in a single vehicle accident caused by being served to the point of intoxication we may be able to help you recover for your losses.


We help families devastated by the losses caused by drunk drivers. We will recover compensation you deserve even when dram shop insurance companies refuse to pay.


If you have been in a personal injury accident in Iowa caused by a drunken driver call the drunk driving accident lawyers at the Lombardi Law Firm for help with your personal injury or wrongful death claim.


Contact us online or call us directly at (515) 222-1110 to schedule your free no obligation consultation.


When everyone tells you no you can't, we are here to tell you, yes you can.


Related Areas:

  • Motorcycle, Bike And ATV Accidents
  • Pedestrian Accidents & Injuries
  • Car & Property Damage
  • High Speed Police Chases

Call Today For a Free Consultation: (515) 222-1110


Wrongful Death Claims - It's What We Do

If someone died following an accident and you need legal advice and assistance, call the Lombardi Law Firm. We have 38 years of dealing with wrongful death claims. We work hard and we work for people. These are tough claims. Don't try to handle it yourself or think you can outsmart the adjusters. We have been dealing with death claims for over 38 years. We can help you, if you are willing to help yourself to help us.


Don't fool yourself into believing these are easy claims and that simply telling the truth is all that is needed. You need to prove legal elements that make someone else to blame. Legal fault is different than what most people think, because legal fault is based on elements of a legal cause of action.


Be smart.


Call Today For a Free Consultation: (515) 222-1110


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Denied life Insurance Claims

We assist beneficiaries, estate administrators and executors in the recovery of life insurance benefits after a denial by the insurance company to pay.

Call Today For a Free Consultation: (515) 222-1110


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After you are injured doing your job and decide you need a lawyer to represent you call the Lombardi Law Firm. We handle serious personal injury cases. We have been serious about fighting for workers' rights since 1981. We pride ourselves on winning for our clients. We tell you what you need to hear, not what you may want to hear. We focus on protecting your rights so you can focus on getting better.


NOTICE - PLEASE READ THIS CAREFULLY. We are not a volume law firm with volume lawyers who will take on just any case, and then never have the time to speak with the clients. We take only cases where there are serious personal injuries, which usually involves at least one surgery. (Broken bones, some sort of surgery, a spinal cord injury including ruptured discs, brain damage, quadriplegia, paraplegia, loss of an arm, a leg or an eye or hearing.) This firm is selective about what cases it takes. We are not after volume. We are about doing serious work for serious clients. We are not the YouTube of the law, here to teach DIY case handling, because a serious personal injury case is not like fixing a leaky toilet. If you have a serious personal injury call to speak with the attorneys and then we will set up an appointment.


Worker injuries are complicated and thanks to the Iowa Legislature, the Iowa trucking company owners, the concrete plant owners and the insurance industry, Iowa work. comp. claims just got more complicated. Be it, a truck accident or a bad back requiring surgery, or a slip-and-fall that caused your injury, it usually requires an investigation to determine if and when additional lawsuits and claims need to be pursued. This type of claim can include a lawsuit against a negligent third-party, a negligent doctor, a defective product manufacturer, a property related claim, a drug company, a claim against co-workers for gross negligence, a Social Security Disability claim, an underinsured or uninsured motorist claim, one for wrongful death, a brain injury, loss of a limb, hearing or sight, or even a legal malpractice claim for not doing it right. Always keep in mind, you have only one chance to do it right. We know that and that is why we handle only serious personal injury claims.


NOTICE - PLEASE READ THIS CAREFULLY. If you have a workers' compensation claim that also includes a third-party claim, such as a car accident, call us. If there is no third-party claim involved, then don't be surprised if we turn down the opportunity to get involved. Why? Because we cannot get paid.


Lombardi's Workers' Compensation Claim Results

  • An Iowa resident who drives a semi-truck for a living is in upper Wisconsin when he is involved in a head-on collision that kills him. His widow immediately contacts a lawyer in this firm. The next day I am standing in a gas station in northern Wisconsin examining tires, taking photographs and interviewing the guy who removed the truck tires. Other witness statements and good-old-fashion boots on the ground proves an insurance company’s claim of a blown tire being the cause is incorrect and that the adjuster has the wrong tire for making such a claim. The witness statements taken that day later substantiate what really caused the head-on collision. The real cause is a second semi truck driver that fell asleep at the wheel. The widow wasn’t aware she must assert both a workers’ compensation and a wrongful death claim. Her case is settled for over $600,000.00.
  • A worker welding inside a grain dryer at ADM is crushed by the unexpected spinning of the drum in which he lies. The widow contacts this firm. It is later determined the co-workers have covered up evidence to hide the true cause of her husband’s death. Both a workers’ compensation claim and a lawsuit for wrongful death based on gross negligence are filed. The workers compensation and the civil claim for gross negligence are settled for more than $650,000.00.
  • A truck driver delivering product suffers a severe spine injury when he falls from the ladder on the liquid tank he is towing. The year he is injured is 1997. He hires Lombardi Law Firm to assist him. We evaluate a potential medical malpractice claim and pursue his workers’ compensation claim. He later receives Social Security Disability benefits, which must be taken into consideration when his workers’ compensation claim is settled. As of 2008 we continue to represent him and his total settlement package adds up to over $660,000.00 including paying for future medical. We don’t give up – even if it takes more than eleven years.
  • An iron worker’s leg is crushed by a falling slab of hollow-core-prestressed concrete resulting in the loss of his leg. His case is settled for $600,000.
  • A concrete worker driving between jobs is cut off by another car, causing him to strike a utility pole head-on. He develops a serious spinal condition rendering him unemployable. His case is settled against the underinsurance carrier for $1.1 million. Ten years later he continues to receive life time weekly workers’ compensation benefits.
  • In 1989 Lombardi Law Firm opened a second injury fund claim for a drywaller that inured his only good knee. His bad knee was injured many years previous to the work related injury, but in a non-work related accident. He is proven to be permanently totally disabled and we take great pride in having proven his case for life time benefits of over $400.00 per week.
  • In 2016 a union laborer with two bad shoulders cannot return to his union scale job. With hardly any education and in his 50's he worries about feeding his family. We settle his case at mediation and he later walks into the Lombardi Law Firm for his share of the $375,000 settlement.

These Are Just a Few of the Work Injury Cases Attorneys Steve Lombardi and Katrina Phillip Have Handled.

Injuries include any health impairment that is in some way caused by the job you do. They can be obvious injuries like a broken leg, or cumulative injuries that take years to manifest, like rotator cuff tears or ruptured discs. In addition to back sprains, broken bones, and dismemberment, this includes loss of a sense, such as vision or hearing, or contraction of illness. The primary component is that the injury occurred during employment activities or as a result of employment-related exposure.


All workers’ compensation benefits are dependent on credible medical opinions. Like your cars engine, the workers’ compensation benefits engine doesn’t start up without gas in the tank. A credible medical report relating the injury to the work is the gas that get’s the benefits engine turning over. Just because the company doctor doesn’t relate your injury to the work doesn’t mean you are not entitled to benefits. A different doctor may have a more credible opinion about causation. Keep in mind who hired the company doctor and how many referrals come from the employer. The doctor may be prejudiced against workers or may not have sufficient information about what you actually do in your job to have given an opinion that is credible.


Someone who is injured at work is entitled to fair compensation and “benefits” according to Workers’ Compensation law, which pays all reasonable and necessary medical bills and can help an employee who loses wages, either because he or she can’t immediately return to work or because the injury makes it impossible to earn the same wage. In the state of Iowa, worker’s comp covers all regular employees, people hired under contract in Iowa, and anyone whose employment is principally located in Iowa. Sole proprietors, partners, and limited liability company members are not considered employees but may purchase a valid workers’ compensation insurance policy. Certain individuals—such as a person working in his/her own home or a person employed for less than $1,500 a year—are not covered by worker’s comp.


Have You Experienced A Cumulative Trauma Injury At Work?

Workers’ compensation is designed to work smoothly: you, the employee, are injured, report the injury (often including follow-up reports), file a claim, and receive appropriate compensation. The theory sounds nice but reality can be very different for the worker. However, there are certain stipulations: for instance, if your initial injury (or exposure) is not documented with your employer, your claim may be denied. If you do not file your claim within two years of the incident, your claim may be denied. If weekly benefits are paid, you have a three year limitation period and must file for these additional benefits within three years of receiving your weekly benefits—or your claim may be denied.


Keep in mind the employer, the human resources department, the insurance adjuster, the case manager, the treating doctors and other medical professionals, the case nurse and the workers’ compensation agency staff DO NOT represent you. The only person who will be looking out for your interests is the employees rights lawyer you hire. PERIOD! The sooner the better.


While workers’ compensation is supposed to pay for all reasonable and necessary medical care to treat the injury, questions may arise about whether an employee is entitled to disability benefits and what type of benefit (temporary disability, permanent temporary disability, permanent total disability, temporary total disability, etc.) you’re entitled to. Getting additional benefits, such as benefits for the Healing Period or from the Secondary Injury Fund or for industrial disability (permanent injury) may be difficult for a typical employee to get. Given the stress of being injured, getting better, following advice about what to do to with conflicting medical opinions, trying to pay bills with less money, worrying about relationships with family and friends, etc. the answers may not be obvious.


Additionally, because insurance providers work to find a way to deny the claim or to pay you less someone needs to know how to start and then to drive the benefits engine. Have they voluntarily paid you mileage to the doctor? Is your weekly compensation rate correct? When should you get a second medical opinion and from what doctor? How long will you likely to be out of work and should your spouse get a job? When are you required to take a job offer? Is the company doctor treating your claim fairly? How can you screw up your worker's compensation benefits? Is a friend’s advice about what his claim settled for important to what your case is worth? Do you have to allow the case manager in when the doctor is examining you? Your questions are all normal for the process. Answers are what you need.


When faced with a worker’s compensation claim, don’t wait and assume that the insurance provider and your employer are working hard with your best interests in mind. After all, they’re both part of another organization with priorities beyond your claim. If you want to be certain that your best interests are being protected and that you will receive the most that you are entitled to as a result of an injury sustained at the workplace, hire a lawyer.


Since 1981 Steve Lombardi of the Lombardi Law Firm in Des Moines, Iowa has been representing people just like you. Mr. Lombardi has experience in the Iowa court system and has handled more than 1,000 cases for as many clients recovering more than $15,000,000.00 for personal injury. He takes special pride in representing people with real problems needing real solutions. When the insurance companies see you as a cost and your employer is too busy to pursue your claim, know that a lawyer will fight for your case. Tenacity is what you need. Call 515.222.1110 for a free consultation.


Workers Compensation Death Benefits Under Iowa Law

A man was driving his van northbound on 315th St. when he lost control approximately 100 yards north of the Highway 34 intersection. He entered the East ditch and rolled several times before coming to rest on its side trapping the driver inside. He was freed by mechanical extrication and was taken to Creighton Medical Center in Omaha, dying later that morning.


Even thought the driver died, if he were working at the time of the crash, his family (dependents) is entitled to workers' compensation death benefits under Iowa's Workers' Compensation Act, Chapter 85.


Death Benefit Law (85.28, 85.31, 85.42, 85.43, 85.44)

Death benefits are payable to the dependents of the employee. Benefits are first payable to the surviving spouse for life or until remarriage. Dependent children are entitled to the benefits until they reach age 18, or age 25 if they are actually dependent. Others may qualify, if there is a showing of actual dependency. Upon remarriage, if there are no dependent children, the surviving spouse is entitled to a two-year lump sum settlement. Burial expenses not to exceed twelve times the statewide average weekly wage in effect at the time of death are paid in addition to the weekly death benefits.


Driver's who suffer injury or death as a result of their own negligent acts doesn't ordinarily have a claim or be able to file a legitimate lawsuit. But under workers' compensation laws that is not the case. One benefit of workers' compensation under Iowa law is that workers are covered for injury and death occurring due to advancing their employer's business. That means if you're a dependent and your husband, wife or father dies in a single vehicle accident (and even though they were driving) you are very likely entitled to receive workers' compensation benefits either for life or during undergraduate college.


Here is an example of a Death Benefits Decision, File No. 125636, Iowa Workers' Compensation Commissioner.


Claimant, the surviving spouse of an over the road truck driver, was able to prove by a preponderance of the evidence that she was entitled to death benefits pursuant to section 85.31(1)(a).


Decedent sustained an acute myocardial infarction while he was driving his normal route for his employer. Decedent did not recognize that his symptoms were those of a heart attack. As a consequence, decedent drove for nearly one day before seeking any medical treatment. Decedent was a dedicated professional of long duration. He wanted to make his run before he sought any medical care. Decedent and his partner continued their normal driving routine which was to keep the truck rolling twenty-four hours per day.


Several medical experts testified that because of the delay in seeking medical care, the condition was materially aggravated. Claimant met the tests established in Riley v. Oscar Meyer Foods, 532 N.W.2d 489 (Iowa Ct. App. 1995). This case was similar to the case of Varied Enterprises v. Sumner, 353 N.W.2d 407 (Iowa 1984).


We Can Help With Some Workers' Compensation Claims
If you have questions, don't just sit there act now to find answers to your questions. We will answer your questions or assist you to locate a lawyer in your state that can give you solid answers. Contact us online or call us directly at 515-222-1110 for your free no obligation consultation.

Other Practice Areas:
  • Iowa Car Accidents
  • Truck and Tractor Trailer Accidents
  • Property and Real Estate Injuries
If you have a question about your workers compensation case, give us a call or drop us an email. If you or your spouse are involved in a work accident contact the Lombardi Law Firm. We will assist you with your claim.

Call Today For a Free Consultation: (515) 222-1110