Many people are not aware of just how vulnerable they are to liability exposure, especially when it comes to driving. These days many Americans not only use their cars to get from point A to B, but most of us talk on our phones in the car, conduct business from our cars and sometimes work in a meal while we’re at it. Driving is completely routine until we have a near miss, or worse, get into an accident, sometimes resulting in injury to ourselves or others.

Because of the prevalence of car accidents, especially among younger drivers, it is important to have enough insurance coverage to protect you when you are at fault. Taking the time to review your insurance policy, noting that different policies cover you in different ways, will help to ensure that you have coverage when you need it the most.

Liability Coverage Policies cover liability and expenses when you are at fault in an accident. They provide money for the party that is struck, not the occupants of your car:

• A Body Injury Liability Policy will pay the medical expenses for people injured in a crash when you are at fault. A “20/50” policy, for example, describes the maximum dollar amount a policy will pay for a single person’s injuries, $20,000, and the maximum amount for all the injuries sustained by all the occupants of the other car, $50,000.
• A Property Damage Liability Policy pays for damage done to the other car if you’re at fault. Property liability sometimes is reflected as the third number alongside BIL, so a 20/50/10 liability package will cover up to $10,000 for damages to the other car.

Nearly every state requires car owners to carry some kind of liability insurance and will often have required minimum values you must carry. Of course, minimum coverage isn’t necessarily your best bet. Because the potential for a car accident is high, it is recommended that you carry the highest auto liability insurance limits you can afford. The premium for $250,000 per person/$500,000 per accident bodily injury liability limit typically does not cost much more than that of a $50,000 per person/$100,000 per accident limit. For five times the coverage, paying a little bit extra will help you to handle the financial consequences of causing a car accident or having a teen driver involved in one.

Most people never expect to be involved in a car or truck accident, but the reality is that motor vehicle crashes are all too common. The number of cars on the road, drivers distracted on their cell phones and other factors contribute to the risks of an injury accident. When accidents do occur, the at fault party is liable for injuries and property damage suffered by the other party – having adequate insurance coverage is key.

If you or a family member has been injured in an Iowa car accident, contact the Des Moines Personal Injury Law Offices of John T. Hemminger for help. Our firm offers experienced representation to clients who have been injured in motor vehicle accidents including car accidents, truck accidents, motorcycle accidents and bicycle and pedestrian motor vehicle crashes. We fight hard for clients and seek maximum compensation to help clients recover lost wages, medical bills, pain and suffering, and future medical and rehabilitative care. Call today at 515-283-2116.

Last year over 400 people were killed in Iowa traffic accidents and public safety officials believe distracted and impaired driving contributed to the problem.  As the number of traffic fatalities rise year over year,  proposed legislation includes more severe consequences to deter texting-while-driving and drunk driving.

Those arrested for or convicted of an Iowa DUI, may be subject to a twice daily sobriety check if proposed legislation succeeds. The legislation also would require participants in the sobriety monitoring program to install ignition interlock devices in their vehicles to stop drivers from starting their cars when impaired. Both monitoring and ignition interlock devices will be paid for by Iowa DUI defendants in addition to other penalties and fines.

As for texting while driving – a significant source of distracted driving in Iowa – proposed legislation would make it a primary offense. This will empower law enforcement to cite drivers as they observe individuals texting while operating their vehicle.  In the event a driver causes a fatality while using a device such as a cellphone, they could face a felony charge under the proposed law that carries a sentence of up to 10 years in prison and a fine of up to $10,000.
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The rising number of fatalities in the state due to distracted and drunk driving is troubling. Unfortunately, too many Iowa families have suffered the consequences of a poor choice on the part of a negligent driver. If you or a loved one has been injured in an Iowa car or truck accident, contact our Des Moines, Iowa car accident injury lawyers at Hemminger Law Firm for help. For over 30 years, our personal injury lawyers have assisted injured Iowans and their families get the compensation they need following an injury accident. Call today 515-283-2116.

Wrongful death claims can be brought against someone who causes another’s death through their negligence or through an intentional act. Wrongful death suits have arisen from a variety of situations ranging from an intentional act such as homicide to medical malpractice where a doctor negligently fails to provide necessary care. Sometimes wrongful death claims result following a fatal car accident, where one person’s negligence led to the death of another and other times it stems from a product liability case.

Who is Liable in a Wrongful Death Case?

To hold a defendant liable in a wrongful death claim due to negligence, the plaintiffs must show that (A) the defendant owed a duty of care (B) that the defendant breached that duty (C) the breach resulted in the direct or proximate cause of the death and (D) that the death resulted in damages.

Damages in a Wrongful Death Case

Damages may include pain and suffering of the decedent, medical costs incurred prior to death, and funeral and burial costs. Loss of the decedent’s income, any potential inheritance, and the value of services the decedent provided may also be considered. Compensation may include damages for loss of care or guidance and loss of love and companionship.

Family Members and Wrongful Death Claims

A wrongful death claim may be brought be a representative on behalf of the survivors who suffer damage from the decedent’s death. Parties of interest may include immediate family members, life partners, distant family members or others who suffer financially from the death of the deceased depending on state laws.

Contact an Experienced Wrongful Death Lawyer for Help

If your family member has been fatally injured in an accident due to the intentional act or the negligence of another, you may wish to pursue a wrongful death claim. Wrongful death cases involve complex areas of law and require a skilled attorney so that survivors are able to receive the greatest amount of compensation they are owed under the law. Contact the Des Moines Law Offices of John T. Hemminger for compassionate and knowledgeable representation of your wrongful death case.

Elder abuse takes many forms. It can involve physical, psychological, sexual, and financial mistreatment and can be found in private homes as well as residential care facilities such as nursing homes. It is generally defined as the knowing, intentional, or negligent act by a caregiver that causes harm to a vulnerable adult.

If you have a elderly family member who is receiving care at a nursing home facility, it is important to be familiar with what characterizes different forms of abuse:

• Physical abuse may include actions such as slapping, bruising, or restraining an adult by physical or chemical means.
• Emotional abuse occurs when a caregiver inflicts mental distress through humiliation, intimidation or threats, verbally or non-verbally.
• Neglect is a failure by caregivers to provide adequate food, shelter, medical care or protection for a vulnerable adult.
• Illegally taking, misusing, or concealing money, property or other assets of a senior constitutes financial exploitation.
• Sexual abuse is non-consensual sexual contact of any kind.

Although any resident can potentially be a victim of abuse, opportunity and vulnerability increase the risks. Residents reporting very low social support face a three-fold greater risk of emotional mistreatment and a heightened risk for all other types of abuse. Residents needing assistance with daily life activities are also at increased risk.

If you or a family member has been a victim of Iowa nursing home neglect or nursing home abuse that has resulted in injury, it is important to seek help immediately. The Des Moines Law Offices of John T. Hemminger has over 30 years of experience in handling nursing home neglect and abuse cases. We hold nursing homes and their staff accountable for their actions. Contact our offices for help today 515-283-2116.