Who Should Be Reading This Book? Who Is Behind This Book And Why Should I Listen To You?

(1)

(2)

I N T R O D U C T I O N

Who Should Be Reading This Book?

Were you involved in a serious car wreck? Was a family member killed in a sudden and tragic traffic collision? Are you or a loved one looking at a lifetime of medical bills and disability because of a reckless driver?

If the answer to any of those questions is “yes,” you have taken an important first step by reading this book. The information we give you here will help. We personally guarantee it.

You probably opened this book because your mind is swirling with questions like:

• How do I find out if I have a “personal injury” case?

• Who is responsible for what happened to me or my loved one?

• How long do I have to do something about my claim?

Who Is Behind This Book And Why

Should I Listen To You?

We have been answering questions like these for injured Iowans and their families for a combined 45 years. We wrote this book so that you could have good, solid information about Iowa car accident claims, hiring an attorney and dealing with insurance companies. No matter whether or not you choose to file a lawsuit or hire an attorney, this book contains important information that all Iowa car accident victims should know.

Our names are John Riccolo, Tim Semelroth and Pressley Henningsen. We are Iowa attorneys who represent people who have suffered serious injury or lost a loved one due to a car accident. If you want a divorce or need a will or have a traffic ticket, we are not the attorneys for you. We only handle serious injury and malpractice cases and we only represent people — not big insurance companies.

If you read this book and believe you did not learn something important about Iowa car accident claims, please send a letter to our office and we will make a $25 donation to the Iowa Civil Justice Foundation in your name.

(3)

John Riccolo is listed in The Best Lawyers in America and is a member and Past President of the Iowa Academy of Trial Lawyers – an invitation-only organization limited to the top 250 trial attorneys in Iowa. Tim Semelroth is also a member of the Iowa Academy of Trial Lawyers

and is an adjunct professor at the University of Iowa College of Law, which is consistently ranked as one of the top 25 law schools in the country. Pressley Henningsen is a Past President of the Jackson County Bar Association and he speaks around Iowa at educational seminars for fellow attorneys. At the time of this book’s publication, John Riccolo, Tim Semelroth and Pressley Henningsen were three of only twenty one Iowans who had been inducted into the Million Dollar Advocates Forum, a national organization of attorneys who have verdicts and settlements of a million dollars or more. For more information about who we are, you are welcome to visit our websites at www.JohnRiccolo.com,

www.TimSemelroth.com or www.PressleyHenningsen.com.

Why Did We Write This Book?

First, we are tired of getting phone calls from seriously injured people who have been exploited or otherwise hurt because they did not understand their rights as a car accident victim in Iowa. We are sick of having to tell Iowa car accident victims that they made early mistakes that cannot be fixed. We believe that the cure to these problems is providing helpful information to injured Iowans and their families before they:

• Make a significant mistake, like failing to seek immediate medical treatment; or

• Talk to an insurance company before they are educated about their rights; or

• Miss an important legal deadline that will eliminate any opportunity to get justice

Second, we wrote this book because we believe you deserve to learn about the Iowa accident law in the comfort and privacy of your own home. This book allows you to take your time and review this

(4)

You can read this book without any lawyers pushing you to file a lawsuit or any insurance companies pressuring you to settle your claim. This book contains helpful information you can use to make your own decisions. It is also a valuable resource you can save in case your family or friends face questions about a serious Iowa car accident in the future. Third, we wrote this book because giving it to you saves us time. We get phone calls every day from people who want us to represent them in their Iowa car accident claims. This book contains the same general information that we would give you if you called and spoke to one of the attorneys in our office. Writing this book gives us the chance to “talk to you” about what you need to know about Iowa car accident claims so you can make an informed decision about what steps to take in your own situation. We cannot accept every case. In fact, there are many cases we do not accept. However, even if we do not take your case, we believe you still deserve to have access to this important information.

This Book Is Not Legal Advice

This book, which is based upon Iowa law, is designed to inform and not to advise. We are offering strategies and identifying traps, but please do not construe anything in this book to be legal advice about your individual case. No person should ever apply or interpret any law without the aid of an experienced attorney who knows the facts because the facts may change the application of the law. Reading this book does not make you a client of our law firm or its attorneys. We can only

represent you after you have signed a written contract with Riccolo & Semelroth, P.C. If you have any questions about your legal rights after reading this book, you can contact us at 1-888-546-6529.

(5)

Dangerous Myths

About Iowa Car Accident Claims

In 2003, there were over 3 million people injured in traffic accidents in the United States. Another 43,000 Americans died as a result of a car crash. Even with this many injuries and deaths every year, there are a lot of myths about what happens after a person is involved in a car accident. We want to clear up the confusion surrounding the

following misconceptions:

Myth #1 If You Did Not Cause the Car Accident, You Are

Not Obligated to Do Anything

If you are injured in a car accident caused by another driver’s mistake, you have a personal injury claim. Under Iowa law, a car

accident victim who wants to be compensated for a personal injury must be able to prove:

• That the other driver was negligent

• That the other driver’s negligence caused damage to the car accident victim

• The amount of the car accident victim’s damages

If the car accident victim cannot prove any one of the above three elements in a court of law, he or she is not entitled to compensation. That means the burden of proving everything — from identifying the important witnesses at the accident scene to providing documentation of all injury-related losses — ultimately falls on you, the car accident victim. For a more detailed explanation of an Iowa car accident victim’s legal obligations, read further in this book to learn the 8 Steps to

Protecting Yourself After a Car Accident.

Myth #2 If the Car Accident Wasn’t Your Fault, Somebody

Has to Compensate You for Your Injuries

Being able to prove that you have a legitimate personal injury claim after a car accident does not necessarily mean that you will be fairly compensated. There also has to be a responsible party with the ability to pay.

(6)

6 M Y T H S A B O U T I O W A C A R A C C I D E N T C L A I M S

Any one of the following scenarios can have a negative impact on a car accident victim’s ability to receive fair compensation:

• When the negligent driver has no insurance

• When the negligent driver does not have assets that can be seized to pay for the car accident victim’s damages

• When the negligent driver does not have enough insurance to cover all of the car accident victim’s damages

That is why it is so important to have sufficient uninsured/

underinsured motorist coverage as part of your auto insurance policy. Without it, you and your family may be saddled with a lifetime of medical bills and lost wages after a serious car accident that was not your fault.

Myth #3 The Other Driver’s Insurance Company Must

Immediately Start Paying Your Medical Bills

The other driver’s insurance company has no legal obligation to pay your medical bills until it is ordered to do so after a trial.

Even if the other driver was obviously negligent and his or her insurance company says it will pay your medical bills, most insurance companies will only issue one settlement check for an injury claim. That one settlement check will be intended to cover all of the victim’s injury claims (medical bills, lost wages, pain and suffering, etc.) and, after that settlement check is issued, the insurance company will never pay any additional money for that particular accident in the future. That means the other driver’s insurance company will not usually start paying your medical bills after a car accident until you are willing to settle your injury claim with them once and for all.

How can you get your medical bills paid until you are ready to settle once and for all? A car accident victim should consider making an immediate claim with:

• His or her own health insurance policy

• His or her own auto insurance policy (for medical payment coverage)

• His or her employer’s workers’ compensation insurance policy (if the car accident occurred while the employee was on the job)

(7)

6 M Y T H S A B O U T I O W A C A R A C C I D E N T C L A I M S

Myth #4 You Need an Attorney Every Time You Are In a

Car

Accident

Hiring an attorney is an investment. Serious car crashes usually warrant that investment. Minor fender-benders often do not. If a car wreck results in severe injuries or a need for a significant amount of medical care, hiring an attorney is usually a good move. If a car accident results only in vehicle damage or only in minor and temporary bodily injury, the cost of the attorney’s fee may outweigh any benefit that an attorney’s service can provide. The attorneys in our office will tell you if we do not believe that hiring an attorney is in your best interest.

Myth #5 A Quick Settlement Is Always In Your Best

Interest

As previously mentioned, most insurance companies will only issue one settlement check for an injury claim and — after that check — the insurance company will never pay any additional money for that particular accident in the future — even if your injuries get worse. If any of the following applies, you usually should avoid a quick settlement:

• If you are still receiving medical care for accident-related injuries • If your accident-related injuries will likely require additional

medical care in the future

• If you have not yet been able to return to normal activities — especially work-related activities

If you are still in one of the above situations five months after a car accident, you should immediately consult with an attorney to see what legal deadlines may apply to your personal injury claim.

Myth #6 There is No Danger in Trying to Negotiate a Car

Accident

Settlement

On

Your

Own

Insurance companies save money by paying as little on injury claims as possible. Insurance company representatives are trained to get you to say things that will sooner or later hurt your case and decrease any possible settlement. As you will see on the next page, there are many ways to weaken a legitimate personal injury claim when dealing with an insurance company representative — the more severe your accident-related injuries, the more dangerous the consequences.

(8)

6 U N F A I R T A C T I C S I N S U R A N C E C O M P A N I E S U S E

Unfair Tactics

Insurance Companies Use

to Exploit Car Accident Victims

After a car accident, you will usually be contacted by a

representative of the other driver’s insurance company. This insurance company representative will try to establish a rapport with you and convince you to do things. You must always remember that this person is a professional trained to use a number of tactics to make sure that his or her insurance company pays you as little as possible.

1.

“You Don’t Need an Attorney to Settle This Claim”

Insurance company representatives will often suggest that you do not need an attorney because “we can just work this out together”. You need to realize that there is no “we” in this situation — the insurance company representative is not really your friend and is not motivated to make sure that you receive fair compensation. The insurance company representative is discouraging you from hiring a lawyer because

insurance industry statistics demonstrate that it costs an insurance company an average of $9,000 more per claim when an attorney is advocating for the injured person. Courts and regulators in a number of states, including New York, Pennsylvania and Washington, have ordered insurance companies to stop the unfair tactic of discouraging car

accident victims from going to attorneys and learning about their rights.

2.

“My Company Won’t Pay if You Don’t Sign Our Medical

Release

Form”

The first thing to realize is that the other driver’s insurance

company is not likely to pay anything until you are willing to settle your case once and for all. Signing a medical release or any other insurance company document is not likely to change that. An insurance company is eventually entitled to review records of any medical treatment for which you ask to be reimbursed. In our experience, however, most medical release forms are written in such a way that they give the

insurance company access to all of your medical records — even records that are unrelated to your accident injuries.

(9)

Often insurance companies will then turn around and use your

pre-accident health history as justification for making a low settlement offer. Our firm protects our clients from this tactic in a number of ways:

• We advise our clients to avoid giving an insurance company a medical release until we have reviewed your medical records first • If our review uncovers items in your medical history that may

impact your claim, we make sure that you know about it before the insurance company does

• When we do provide the insurance company with a medical release, we make sure that the release only applies to relevant medical treatment

3.

“My Company Won’t Pay if You Don’t Give Me a

Recorded

Statement”

See Unfair Tactic #2. Giving a recorded statement is not likely to make the other driver’s insurance company pay your medical bills any sooner. Not only is there usually no benefit to giving a recorded statement to an insurance company on your own but there is also a serious risk. Insurance company representatives are professionals trained to take recorded statements that can be used against you in court. They ask specific questions designed to get damaging

admissions from you that will reduce the value of your personal injury claim. If the other driver’s insurance company calls you after a car accident, we recommend that you politely tell them that you will be happy to speak to them —after you speak to your attorney. Our firm protects our clients from the danger of recorded statements by only allowing them to be taken when one of our attorneys is present.

4.

“My Company Won’t Pay if You Don’t (Fill in the Blank)

Right

Now”

Insurance company representatives will often try to pressure you to do things for them right away. They often suggest that you will not receive fair compensation if you don’t act “right now”. This suggestion is bogus. Iowa car accident victims generally have 2 years from the accident date to seek compensation for their injuries either by settling their claims or by filing a lawsuit. While there are some situations where the law requires you to provide notice within 6 months, you only have to act when the law requires it — not when the insurance company asks.

(10)

5.

“My Company Won’t Pay for That Kind of Treatment”

Sometimes an insurance company representative will learn about the type of medical treatment that a car accident victim is receiving and suggest that his or her insurance company will not reimburse for that type of treatment (often treatment from a specialist or a chiropractor). That is simply not true.

Under Iowa law, the at-fault driver (or his or her insurance company) is responsible for paying all “reasonable and necessary” medical expenses caused by the car accident. What constitutes “reasonable and necessary” medical treatment should be decided by your doctors and other medical providers — not by an insurance adjuster. In most situations, car accident victims should seek medical treatment until they are healed or a doctor tells them that their condition is as good as it is going to get (this is often referred to as the patient achieving “maximum medical improvement”).

6.

“My Company Will Write You a Check for $$$”

Insurance company representatives will often try to convince a car accident victim to quickly settle his or her personal injury claim by

throwing out a settlement figure that — at first glance — seems fair. What they often do not mention is that the car accident victim may not be entitled to keep all of that money.

Often a car accident victim has had medical bills or lost wages paid by his or her:

• Health insurance company

• Auto insurance company (“medical payment coverage”) • Short-term disability insurance company

• Employer’s workers’ compensation company

Almost all of the insurance policies described above require a car accident victim to pay back any amounts received if the accident victim reaches a settlement with the negligent driver or his or her insurance company. This legal obligation, which is known as “subrogation”, can leave a car accident victim with little or nothing after a settlement. We protect our clients from the shock of subrogation by always advising our client about how much of any settlement offer they will actually be able to put in their pockets. We also work to reduce our client’s subrogation obligations whenever possible before a settlement is reached.

(11)

8 S T E P S T O P R O T E C T I N G Y O U R S E L F

Simple Steps

to

Protecting Yourself After a Car Accident

Some of the most important times for action take place in the first few hours and days immediately following the car accident. During that time there is a lot of evidence available that can be preserved to protect your legal interests. It is also during this time that major mistakes can be made which can limit or destroy your ability to receive compensation for your injuries. Here are 8 steps you should take:

1.

Seek Immediate Medical Attention

If anyone is injured at the accident scene, call 911. If you are offered an ambulance ride to the hospital, take it. In all cases, the safe thing to do is seek immediate medical attention regardless of whether you think you are injured. Symptoms of an injury may not show up immediately after a crash. Some physical problems may not show up until hours or even days after a crash. In our legal system, the victim is always responsible for proving that he or she was injured in a particular accident. The best way to prove you were injured in a car accident is to have records from a medical examination that occurred immediately after the crash. After a person is discharged from initial medical

treatment after an Iowa car accident, we advise them to read our guide,

10 Mistakes People Make When Going to A Doctor After An Injury.

2.

Call Your Auto Insurance Company

As soon as possible, report the crash to your auto insurance company — even if you are far from home. Ask your insurance agent about how to proceed and what forms or documents you will need to fill out to support your claim. If you fail to immediately report the accident to your insurance company, you may lose whatever protection your insurance company is contractually obligated to provide you.

3. Take

Detailed

Notes About the Car Accident

Write down everything you remember about the crash as soon as you get home. Draw a diagram of the scene and the vehicles involved.

(12)

Make note of the following information about the accident: • The time of day

• The weather

• The road conditions • What you saw

• What you heard

Put the notes in a safe place so that they are available if you have to speak with an attorney or go to trial.

4.

Arrange For Photos to Be Taken

Even if you believe the investigating officer or an insurance company representative took photographs, you should still get

photographs taken on your own. Have all photos taken both up close and from a distance. Have three times as many photographs taken as you think you will need. In particular, get the following types of photos taken:

When in doubt, take the photograph. If your case has to go to trial, you want to have all of the visual evidence that you can to show to the jury.

Photos of the accident location: Take photos of the scene both from the direction you approached and from the direction of the other driver’s approach. Take photos of all skid marks and measure them. Take photos of any debris left by the crash before moving it.

Photos of your vehicle: Do not have your vehicle repaired before it is photographed. Take photos from all angles — the outside, the interior, even the undercarriage when it is up on a lift at the garage. Photos of your injury: Take photos of all visible injuries. Take pho-tos of all bruises, scrapes, cuts, etc. while they are fresh.

Photos of your medical treatment: Have photos taken of you in the hospital. Have photos taken of all casts, slings, and bandages. If you are prescribed the use of a wheelchair, walker or crutches, get photos of those as well.

(13)

5.

Get Permission Before Having Your Vehicle Repaired

In addition to having photographs taken of any damage to your vehicle, you should find out what procedures your insurance company requires before arranging for car repairs. If you fail to take this

important step, your company may refuse to pay your repair bills. If anyone was seriously injured or killed in the accident, you should also talk to an attorney before having your vehicle repaired.

6.

Avoid Contact With The Other Driver’s Insurance

Company

It is probably not in your best interest to speak to anyone from the other driver’s insurance company. Insurance company representatives are trained to take statements that can be used against you. Tell them to contact you only in writing and do not sign any paperwork from an insurance company other than your own. If you have questions about a document that you are being asked to sign, talk to an attorney first.

7.

Talk To An Attorney Before You Pay A Traffic Fine Or

Go To Court For A Traffic Ticket

Paying a fine for a traffic offense can be used against you as an admission of guilt. Any testimony at a legal hearing can be recorded and used against your interests. Before taking either action, you should talk to an attorney — either one you have hired yourself or one provided to you by your insurance company.

8.

If You Suffer Car-Accident-Related Injuries, Settle Your

Claim Or File a Lawsuit Within 2 Years of the Date of

the

Car

Accident

Iowa law requires a car accident victim or the victim’s family to settle a claim, start a lawsuit or give notice of an intent to make a claim within a short period after the accident. Generally, the Iowa statute of limitations for an injured person is two years from the date of the injury. In certain situations, however, injured parties must provide notice before filing suit. That notice may be required within six months of the

accident. There are also some limited exceptions to the usual statute of limitations. Whether an exception applies in a particular case is a

(14)

W A R N I N G A B O U T Y O U R H E A L T H I N S U R A N C E C O M P A N Y

WARNING:

If You Are Not Careful, Your Health Insurance

Company May Seize Money You Receive in a

Car Accident Settlement or Verdict

That was not a typo. It is possible for a health insurance company to take your money after a car accident settlement or verdict. It is the result of a federal law called The Employee Retirement Income Security Act of 1974 (“ERISA” for short). ERISA, in some instances, can allow a health insurance company to collect the money they spent providing for your medical care if you are ever paid money by the person who caused your injury. What can happen is that a car accident victim can get a settlement or a jury verdict and then later get a letter from his or her insurance company stating that the victim is legally obligated to reimburse the insurance company for the amount of the medical benefits paid. The letter usually threatens a lawsuit against the victim unless the ERISA “reimbursement” – which can sometimes be as large as the whole settlement or verdict - occurs within a limited amount of time. It does not seem fair, but it can happen. Do not get caught off guard by an insurance company’s ERISA claim. Before attempting to settle a car accident claim or deciding whether or not to file suit, it is important to review with an attorney whether or not you face a potential ERISA claim. An experienced attorney can often take steps to reduce or eliminate your reimbursement obligations under ERISA.

(15)

W R O N G W A Y T O P I C K A C A R A C C I D E N T A T T O R N E Y

The Absolute

to Pick an Iowa

Car Accident Attorney

Make no mistake – hiring your Iowa car accident attorney is an important decision with real consequences. Your choice of an attorney can mean the difference between receiving fair compensation and being stuck with a lifetime of unpaid medical bills and lost wages. The

absolute wrong way to pick a car accident attorney is to make a hasty decision based upon convenience or guesswork. Here are just a few examples of the misguided ideas that lead people to choosing the wrong lawyer for their case:

• “I’ll just go to the lawyer who handled my divorce.” – A

common mistake is taking a serious car accident case to the only lawyer you know. Just because a lawyer did a good job on your cousin’s drunk driving charge or your neighbor’s will does not mean that he or she is qualified to handle a serious car accident case. In fact, some of the best Iowa car accident attorneys have highly focused practices – you are not likely to find one who also handles family law, criminal law and probate matters. A lawyer who you already know and trust can be a useful resource in

finding a qualified car accident attorney (see #1 of A Step-By-Step System for Finding the Right Iowa Car Accident Attorney for You) but your search should not necessarily end there.

• “I’ll just go to the lawyer with the office down the street.” –

What are the odds that you just happen to live minutes away from one of the relatively few Iowa lawyers who practice primarily in serious car accident cases? The sad truth is that most people are willing to drive several hours for a good deal on a new car but they do not look beyond their hometown for a lawyer. Don’t get us wrong – if you were injured in Iowa, you will likely need a lawyer with a license to practice in Iowa. But what many people don’t realize is that a car accident attorney who is licensed to practice law in Iowa can file a lawsuit in any Iowa county.

You should not focus on picking the nearest attorney – you should focus on picking the best and most qualified one for your case. That kind of choice can and should involve a statewide search.

(16)

W R O N G W A Y T O P I C K A C A R A C C I D E N T A T T O R N E Y

• “I’ll just open my phonebook and see the first lawyer who

takes my call.” – The Yellow Pages can be a useful resource in

finding a qualified car accident attorney (see #1 of A Step-By-Step System for Finding the Right Iowa Car Accident Attorney for You). The costly mistake some people make is calling only one law

office or only talking to the first lawyer who returns their call. Any lawyer can seem qualified or knowledgeable if you do not have anything to compare him or her to. A smart consumer will use the phonebook to come up with an initial list of names that can then be carefully investigated. One more warning about the

phonebook – beware of phonebook ads for lawyers who list 6 or more different types of cases that they handle. The more

specialties they list, the less time they actually spend in each area.

• “I’ll just let an attorney referral service or website direct me to

a lawyer in my area.” – What we are talking about here is the

type of service – either over the phone or on the internet – where you are directed to describe your situation and give your city and state. In exchange, you are then provided with the name of an attorney to contact. A lawyer is listed by an attorney referral service or website not because they are good at the specific area of law, but because they have usually paid a fee to be listed. You won’t get a guarantee of the recommended lawyer’s expertise or experience. You need to have more information available to you to make an informed decision. Without more information, it is dangerous to rely solely on an attorney referral service or website’s recommendation.

(17)

S T E P - B Y - S T E P G U I D E T O F I N D I N G T H E R I G H T A T T O R N E Y

The Step-By-Step Guide for

Finding the Right

Iowa Car Accident Attorney For You

So what can you do to make sure that the attorney you hire is qualified to handle your case? We have put together a step-by-step system that will greatly increase the odds of finding an attorney who is qualified and will represent you well.

1.

Create a List of Names of Iowa Attorneys Who Handle

Serious Car Accident Cases

This sounds fairly simple, but it is a very important first step. In many cases people do not stop to check what their options are before hiring an attorney. Think of it like this – when you combine the amount of time and money invested into a serious car accident case, it could be as big an investment as a new house. You would not buy the first house that you saw without stopping to look at others in the market and

exploring other options. You should not do that with an attorney either. Here are a few places to start your search:

• Do an Internet search. The internet can be a great tool for doing

an initial search for names of Iowa car accident attorneys, but be careful. We already outlined some of the dangers of relying too heavily on online directories or referral services. The key to searching the internet is not to do a general search like “Car

Accident Attorney.” You will get thousands of results from all over the country. Make sure to include “Iowa” as one of your search terms. Also, do not rely too heavily on the information contained on a particular lawyer’s website. The purpose of searching the internet is not to hire an attorney on the spot, but to build an initial list of names that you will investigate more closely.

• Check the Yellow Pages. Again, here you need to be careful.

Focus on what the phone book ad is telling you about the attorney. Because Iowa car accident law can be complex, limit your search to attorneys who list one or two closely-related specialties (for instance, “Personal Injury” and “Medical Malpractice” are closely-related specialties).

(18)

Some Yellow Pages will also list subcategories of lawyers after the general heading “Attorney”. Do not forget to check the

subcategory of “Accident” or “Personal Injury” as well as the general “Attorney” heading.

• Ask your friends who are attorneys. If you have a friend who is

a lawyer, ask him or her for the names of attorneys who handle serious car accident cases. As we have already explained, the odds are that your friend does not handle serious car accident cases him or herself, but your friend probably knows attorneys who do. Your friend can give you the names of Iowa attorneys who have a good reputation for handling your type of case. If you have several lawyer friends, ask all of them for names. If a few names come up from every lawyer you ask, those names are

probably the car accident attorneys with the best reputation in the area.

2.

Call the Names on Your List and Ask For Written

Information

Now it is time for you to collect information on the different attorneys that you have identified. Start by calling each lawyer’s office and requesting the lawyer’s written materials on car accident cases. It is important to say that you want information specifically on car accidents because you want to know right away whether they truly focus on

serious car accident cases. If a lawyer does not have anything to send you or if he or she tells you that you have to come into their office to get their materials, you should look elsewhere. Remember that you are just collecting information at this point. You want written materials rather than an in-person consultation with the lawyer because you want to be able to evaluate each attorney’s qualifications at your own pace in the comfort of your own home. You don’t want to be talked into anything over the phone or get a high-pressure sales pitch until you are ready to ask the right questions.

Once you receive the written information, read it. Compare the information in those sources to the information in this book and other materials that you have found on Iowa car accident claims. After you have finished reviewing the written information, create a short list of Iowa car accident attorneys (no more than 3 or 4) who clearly have the expertise and experience that your case requires.

(19)

3.

Arrange For In-Person Interviews

Call each of the offices on your short list and schedule an appointment to speak with an attorney. There is absolutely no

substitute for sitting down with an attorney to decide if he or she will be a good fit for you. In order for an attorney to represent you well, you have to be comfortable with the attorney and trust him or her. In

addition to your general feeling about each attorney, it is also important that you ask each of them the right questions. We have included some important questions in the next section. They are not the only questions to ask, but they are questions that reveal important information about an attorney’s expertise and experience in serious car accident cases.

(20)

S M A R T Q U E S T I O N S T O A S K A N I O W A A T T O R N E Y

Smart Questions

You Should Ask Before Hiring

An Iowa Car Accident Attorney

1.

Are You Eligible Under Iowa Rule DR 2-105(C) to

Advertise That You Practice Primarily in Personal

Injury

Law?

This is a question that only a legal insider would likely know to ask. In order for an Iowa attorney to advertise that he or she “practices primarily” in personal injury law, the lawyer must file an annual written report with the Iowa Supreme Court’s Commission on Continuing Education swearing that:

• the greater of 400 hours or 40% of the lawyer’s time in the preceding year was spent doing personal injury cases; and

• the lawyer has attended 15 hours of continuing legal education in personal injury matters in the preceding year.

Do not be fooled if a lawyer tells you that he or she is eligible under Iowa Rule DR 2-105(B) rather than (C)! Iowa Rule DR 2-105(B) requires only 100 hours or 10% of the lawyer’s time in the preceding year was spent doing personal injury cases. This question – “Are you eligible under Iowa Rule DR 2-105(C) to advertise that you practice primarily in personal injury law?” – is the fastest way to find out whether you are talking to an experienced Iowa car accident attorney who is making an effort to stay informed of the latest medical and legal trends. Relatively few Iowa attorneys can answer this question with a “Yes.”

2.

Are You Listed in

The Best Lawyers in America

?

The Best Lawyers in America is a publication that is updated every two years and is one of the largest guides to attorneys in the United States. In order to be listed, you need to be nominated by someone who is already a member, and then go through a review process conducted by other attorneys around the country.

(21)

TheBest Lawyers in America book details which attorneys focus on certain areas like personal injury. A listing in The Best Lawyers in America does not guarantee that a lawyer is right for you, but it does demonstrate that this attorney is well-respected in the legal community.

3.

Are you a member of the

Million Dollar Advocates

Forum

?

The Million Dollar Advocates Forum is a national organization of attorneys who have obtained a verdict or settlement of a million dollars or more for a client. Past results do not necessarily predict future success, but it is important to know what kind of past results an attorney has had. If he or she has not won any big cases, the lawyer may not have enough experience to handle your case. At the time this book was published, only 21 lawyers in Iowa could answer this question with a “Yes.”

4.

Are you on the faculty of any law schools?

Law schools will often invite distinguished lawyers and judges to teach classes to their law students. A good number of lawyers volunteer their time to judge law student competitions or give guest lectures. Very few lawyers and judges are asked by a law school to teach an entire course. Lawyers who teach entire courses at a law school, but also practice law, are often described as “adjunct professors” or “adjunct faculty.” Adjunct professors are typically selected by a law school for their expertise in a particular area of the law.

5.

Are you a member of the

Iowa Academy of Trial

Lawyers

?

The Iowa Academy of Trial Lawyers is an invitation-only

organization limited to the top 250 trial attorneys in Iowa. In order to be inducted, a lawyer must be nominated by a current member and then be evaluated by all Academy members. The Academy executive

committee then selects inductees from among the qualified nominees. Membership in the Academy demonstrates a lawyer has a good

(22)

6.

Does your law firm hold a legal malpractice insurance

policy?

An attorney in Iowa is not required to carry malpractice insurance. Some do not. We believe that carrying malpractice insurance says

something about a lawyer’s sense of responsibility. Mistakes can happen. Clients should be protected if an attorney’s mistake causes harm. How much trust can you place in a lawyer who does not care enough about his or her clients to carry malpractice insurance?

(23)

R I C C O L O & S E M E L R O T H , P . C .

WHAT ARE OUR CREDENTIALS?

How do we measure up to the Smart Questions? Here is our report card:

Smart Questions

Our Answers

Eligible Under Iowa Rule DR 2-105(c)?

YES

John Riccolo, Tim Semelroth and Pressley Henningsen are all eligible to state that

they primarily practice in personal injury law. Listed in Best Lawyers in

America?

YES

John Riccolo is listed in the Best Lawyers in America for his expertise in

personal injury cases. Member of the

Million Dollar Advocates

Forum?

YES

John Riccolo, Tim Semelroth and Pressley Henningsen are all members of the

Million Dollar Advocates Forum. Member of a

Law School Faculty?

YES

Tim Semelroth is an adjunct professor at the University of Iowa College of Law. Member of

the Iowa Academy of

Trial Lawyers?

YES

John Riccolo and Tim Semelroth are members and John is a Past President of

the Academy. Covered by Legal

Malpractice Insurance?

YES

Riccolo & Semelroth, P.C. is covered by a $5,000,000 legal malpractice insurance

(24)

OUR CASES AND VERDICTS

Here is a sampling of cases we have handled. There are others described on our website at www.riccololaw.com. Please recognize that every case is different and these verdicts and settlements, while

accurate, do not represent what we may obtain for you in your case. Nor does it mean that we win all of our cases - we don't. Many of our clients tell us that knowing that we have achieved significant results, both by settlement and by jury verdict, is one factor that influenced their

decision to hire us. You certainly should ask any attorney whether he or she has ever obtained a significant verdict and/or settlement in a serious car accident case. We would be happy to discuss any of these cases, and many others, with you.

$1,610,209 - Verdict for Disabling Injuries Caused by Truck Driver Running Stop Sign

42-year-old male driver suffers fractures of his pelvis, tailbone and upper back when a semi-truck driver runs a stop sign and causes a crash; the resulting physical limitations combine with severe depression to result in permanent disability

$1,020,000 – Motorcyclist’s Wrongful Death Settlement With Trucking Company

45-year-old motorcyclist on way to work is killed when tractor-trailer fails to yield and turns into the biker’s path

$725,000 - Settlement With Farmer and Tractor Owner for Causing Collision at Field Exit

67-year-old woman suffers severe leg fracture after the car she is a passenger in rear-ends a tractor and farm implement that has pulled out in front of the car from a field exit

$485,000 - Settlement for Severe Hip Injuries Because of Truck Driver’s Negligence

50-year old pick-up driver suffers hip and leg fractures when semi loses control of its empty trailer in snowy conditions and slams into the pick-up driver

(25)

$415,000 – Settlement With Vehicle Owner For Loaning Vehicle to Unfit Driver

82-year-old male passenger suffers collapsed lung, fractured ribs and permanent injury to his bladder after the car he is riding in is hit by a car driven by a disoriented elderly woman with poor driving history; poor driving history was known to car’s owner

$400,000 - Settlement for Closed Head Injuries and Facial Fractures Three tractor trailers collide in winter conditions causing 40-year-old driver to suffer broken facial bones and a closed head injury

$300,000 – Verdict for Death of Motorcyclist Due To Car Driver’s Failure to Yield

43-year-old man riding a motorcycle is killed after a car driver fails to yield after stopping at a stop sign and a collision occurs; jury finds car driver to be 60% at fault for collision

$275,000 - Settlement for Post Traumatic Stress Disorder After Semi Loses Control

Worker is assisting snowbound motorist in ditch when semi loses control and hits pedestrian pinning him under car with dead motorist causing minor physical injuries to worker but significant emotional distress $212,500 – Settlement With Negligent Garbage Truck Driver for Failure to Yield

37-year-old woman suffers a severe ankle injury after a garbage truck fails to yield and pulls out in front of her vehicle; ankle injury requires multiple surgeries and results in significant disability and need for lifetime of medication therapy

$175,000 – Verdict Against Two Drivers for Collision at Uncontrolled Intersection

17-year-old female passenger suffers a hip fracture and a strained ligament in her right knee after the vehicle that she is riding in and another vehicle collide after each driver fails to yield at an uncontrolled intersection on a country road

(26)

$155,000 – Settlement With Negligent Driver Who Failed to Secure Trailer Load

60-year-old woman driver suffers neck and back injuries after her car is struck by railroad ties falling off of trailer; truck driver failed to properly secure trailer load

$150,000 - Settlement With Dog Owner for Road Rash

56-year old motorcyclist and 55-year old passenger suffer severe road rash and passenger suffers torn shoulder muscle when a dog known to chase cars runs in front of motorcycle on highway and causes the bike to go down

$132,397 – Verdict Against Insurance Company for Uninsured Motorist Benefits

20-year-old passenger is injured in a hit-and-run car accident; he suffers a compression fracture of his spine, a pinched nerve and bulging discs in his neck; despite these injuries, insurance company of the driver refuses to pay uninsured-motorist benefits before trial

$121,365 – Verdict for Wrongful Death of Nine-Year-Old Due To Semi -Bicycle Collision

9-year old girl riding a bicycle on highway is run down and killed by a semi-truck driver; jury finds semi driver 65% at fault for collision

(27)

WHAT OUR CLIENTS SAY ABOUT US

Below is a small collection of comments from our clients. Additional comments from our clients are available at www.riccololaw.com.

After an auto accident, I felt I was being taken advantage of by the insurance company. My hometown lawyer suggested I talk to John Riccolo. Everyone in John’s office was very professional and helpful whenever I had a question or needed something explained. I recommend Riccolo & Semelroth, P.C. because I was very happy with the outcome of the settlement they negotiated for me.

Norman “Phil” Kelchen, Monticello, Iowa

I contacted a lawyer because I was unsatisfied with the insurance company’s offer to settle a car accident claim. John Riccolo and Tim Semelroth gave me honest feedback about our situation. They impressed me with their professionalism and incredible attention to detail. Tim Semelroth assembled an awesome PowerPoint presentation for our mediation and ultimately negotiated a fair settlement. I recommend Riccolo & Semelroth, P.C. because my personal experience validated their reputation for expertise and professionalism.

Dr. Gerald Kreitzer, Cedar Rapids, Iowa

I needed someone to protect my rights after I was injured in an auto accident. Tim Semelroth impressed me with his ability to listen to my concerns with compassion while effectively guiding me to stay with the legal issues. I recommend Riccolo & Semelroth, P.C. because I felt confident with Mr. Semelroth handling my case.

(28)

After a car accident, I was afraid I was going to have to pay my medical bills because the insurance company was not paying. I chose to hire Riccolo & Semelroth, P.C. because it was very helpful talking to Tim Semelroth about what had happened to me. Tim impressed me with his knowledge, his composure and his willingness to do what was in my best interest. I recommend Riccolo & Semelroth, P.C. because they were very professional.

Sybil Zmolek, Marion, Iowa

My mother was involved in a semi accident on I-80. I chose to hire Riccolo & Semelroth, P.C. because they came highly recommended by a friend. Pressley Henningsen always explained the actions he took and kept me informed of his progress. Pressley impressed me by always taking time to answer my questions and being very easy to talk to. I recommend Riccolo & Semelroth, P.C. because I feel they would be helpful to anyone in need of an attorney.

Bill Franklin, Des Moines, Iowa

After my car accident, I asked an attorney friend if he could help me. He suggested that Riccolo & Semelroth, P.C. would be better suited to work on this type of case. It was helpful talking to Tim Semelroth because he was able to explain the process and what to expect. Tim is very easy to talk to and is able to explain things so they can be understood. I recommend Riccolo & Semelroth, P.C. because Tim really seemed to care about how everything in my case was handled.

(29)

I was in a serious car accident with a semi and needed legal advice. I immediately called John Riccolo’s law firm because he had represented me before after a work injury. John’s partner, Tim Semelroth, impressed me by being professional, organized and thorough. It was very reassuring to have him represent me at trial. If anyone chooses to use either John Riccolo or Tim Semelroth to represent them, they will be using one or both of the best attorneys available. Listen to their counsel – I did and everything turned out great!

Steve Gollobit, Mount Vernon, Iowa

After my husband’s motorcycle accident, I chose Riccolo & Semelroth, P.C. because they seemed like an honest, hard-working team who was looking out for the client – not themselves. Pressley Henningsen handled my case. It was helpful talking to Pressley because he was honest and did not pull any punches. I recommend Riccolo & Semelroth, P.C. because they know what they are doing and they are caring.

(30)

WHAT DO WE DO FOR OUR CLIENTS?

Keeping in mind that every case is different, here is a list of the tasks we typically perform for our car accident clients:

• Interview the prospective client to get the whole story of what happened and what factors were involved

• Educate the prospective client about Iowa car accident claims • Answer all of the prospective client’s questions

• Provide the prospective client with our New Client Kit which contains the following publications:

o Are We There Yet?: A Guide to the Stages of a Lawsuit o 5 Simple Things You Can Do to Help Your Case

o The Fastest Way to Ruin Your Case

o WARNING: 6 Things You Should Immediately Report to Our

Office

o Client Injury Care and Expense Log

o 10 Mistakes People Make When Going to A Doctor After An

Injury

• Research and analyze any legal issues relevant to the prospective client’s case

• Collect and analyze all relevant medical records from both before and after the car accident

• Collect and analyze any police reports or other accounts of the car accident

• Identify the types of experts necessary to evaluate the car accident and the resulting injuries

(31)

• Hire the necessary experts to evaluate the accident scene to determine the cause of the car accident or the medical records to determine the cause of the client’s injuries

• Advise the client of the results of the expert evaluation and the viability of the case

• Recommend whether an attempt should be made to negotiate a settlement with the insurance company or whether a lawsuit should immediately be filed

• Gather all documentation of the client’s damages (medical bills, employment records, tax returns, etc.)

• Initiate contact with the appropriate insurance companies

• Analyze the client’s health insurance policy or welfare benefit plan to identify whether those groups are entitled to a share of money from a settlement or verdict

• File a lawsuit

• Interview all known witnesses

• Collect physical evidence like photographs or videos • Submit written questions to the defendants

• Assist the client in answering the defendant’s written questions • Prepare the client, witnesses and healthcare providers for

deposition

• Conduct the depositions of the defendant and the defendant’s witnesses

• Advise the client about the likely jury verdict value of the case • Conduct settlement negotiations with the defendant’s lawyer

(32)

If a settlement is reached:

• Advise the client about any insurance company’s right to a share of the settlement

• Review all settlement paperwork If a settlement is not reached:

• File briefs and motions with the court to eliminate surprises at trial

• Prepare the client and other witnesses for trial • Prepare and organize trial exhibits

• Argue the client’s case at trial

• Analyze the jury’s verdict to determine if either side has a basis for an appeal

• Make recommendations to the client about whether or not to file an appeal

(33)

WHAT CASES DO WE NOT ACCEPT?

Hundreds of people contact our office every year asking us to represent them in accident cases. We decline the majority of those requests so we can devote personal, careful attention to a small number of legitimate cases involving serious injuries. The only way that we can provide personal service to each of our clients is to refuse any case that does not meet our strict acceptance guidelines. Therefore, we generally do not accept the following types of car accident cases:

• Cases where you were charged with a traffic violation (other than failure to provide proof of insurance or wear a seatbelt): We know that law enforcement can be wrong; but, if the investigating officer who saw the accident scene and talked to the witnesses decides that you were at fault and the other driver was not, we will not represent you in a personal injury case.

• Cases involving no property damage: We know that it is

scientifically possible for a collision to injure a vehicle’s passenger without causing visible damage to the vehicle itself; but we also know that juries have a hard time believing a minor impact can cause a serious personal injury.

• Cases involving injuries that did not require at least $5000 in medical treatment: If a car-accident-related injury is not severe enough to require at least $5000 in medical treatment, it is not likely that we will recover enough money through either settlement or a jury verdict to justify asking you to pay us a 33 1/3% attorney fee. You will often be better off negotiating with the insurance company on your own.

• Cases that have already been filed: If your case has already been filed by another attorney or by you on your own, we cannot represent you. Your case is likely governed by court deadlines that we will have a difficult time satisfying while still serving our current clients.

(34)

WHAT CASES DO WE ACCEPT?

We accept car accident cases when the evidence suggests that a negligent driver caused a serious crash and an innocent person’s severe injury or death was the direct result.

We are most likely to accept a car accident case if it involves at least one of the following factors:

• Significant damage to the vehicles involved in the crash • The crash results in:

• Death; or • Injuries that:

• Can be seen on X-ray or CT scan or MRI like broken bones, herniated spinal disks or brain lesions; or • Require invasive medical treatment like surgery or

epidural steroid injections; or

• Doctors say will require on-going medical treatment; or

• Require doctors to take the injury victim off of work for more than two weeks

By limiting ourselves to serious car accident cases that satisfy the criteria described above, we are able to fully focus on each of the cases that we accept. We do not allow ourselves to get “bogged down” with a lot of small claims. Instead we prefer to devote our energies to getting fair compensation for the injury victims who need our assistance the most.

NOTICE:

We never file a car accident lawsuit solely to coerce settlement or to harass another. Such practices can be illegal and could subject the person filing the lawsuit to liability for malicious prosecution or abuse of process.

(35)

WHAT DOES IT COST TO HIRE US?

The majority of our clients pay nothing up front for a car accident case. There are normal costs involved in a car accident case like

postage, copying and paying to obtain police reports, medical records and expert analysis. Our firm will often advance these costs and deduct them from any settlement or verdict that we obtain on our client’s

behalf. Costs are separate and distinct from our fee and are incurred regardless of an adverse verdict or decision.

Most people who come to us choose to pay for our services on a contingency fee basis. In car accident cases, our contingent fee is 33 and 1/3% of the total settlement or verdict. Our fee is considered “contingent” because you only pay us for our services if we make a financial recovery on your behalf. In other words, if your case does not result in the defendant or the insurance company paying you money, we do not get paid for our work. Hiring our firm on a contingent fee basis provides three main benefits for our clients: (1) it allows you to hire an experienced car accident attorney without having to make a down payment or pay a retainer up front; (2) it motivates us to work for the highest recovery possible because the more money you receive, the more compensation we receive; and (3) it encourages us not to take unnecessary risks because if you don’t get paid, we don’t get paid.

Our services can also be purchased on an hourly basis. Our usual rate is $400 for each hour of work. We typically ask for a retainer before we begin work on an hourly basis.

WHAT CAN YOU DO NOW?

You have done the right thing by ordering this book and educating yourself about car accident claims in Iowa. Remember the general

deadline for taking legal action in Iowa is two years after a car accident. A person is rarely disadvantaged by starting the search for a qualified Iowa car accident attorney as soon as possible – but injury victims or their families can be left with nothing when they wait too long to act.

We applaud you for taking the necessary steps to learn about your options and take control of your situation. If what you have read in this book leaves you with any unanswered questions or if you are not sure where to turn, feel free to call us toll-free at 1-888-546-6529.

(36)

ABOUT THE AUTHORS

John Riccolo has over 30 years of experience in helping individuals and families who have been devastated by serious car accidents. Riccolo is listed in The Best Lawyers in America and he is a Past President of both the Iowa Academy of Trial Lawyers and the Iowa Trial Lawyers

Association. Riccolo is one of only 20 Iowa attorneys inducted into the

Million Dollar Advocates Forum, a national organization of attorneys who have verdicts and settlements of a million dollars or more. For more information about John Riccolo, please visit www.JohnRiccolo.com. Tim Semelroth has represented hundreds of injured Iowans against insurance companies since 1998. He previously served as a judicial

clerk for Federal Judge John Jarvey (now of the Southern District of Iowa). Semelroth has also been inducted into the Iowa Academy of Trial

Lawyers and the Million Dollar Advocates Forum. In addition, Semelroth serves as an adjunct professor at the University of Iowa College of Law, which is consistently ranked as one of the top 25 law schools in the United States. For more information about Tim Semelroth, please visit

www.TimSemelroth.com.

Pressley Henningsen is an Iowa attorney dedicated to helping

individuals who have suffered serious injury or the death of a loved one. He has been inducted into the Million Dollar Advocates Forum and he speaks around Iowa at educational seminars for fellow attorneys. Henningsen is a Past President of the Jackson County Bar Association and served as the Chair of the Jackson County Committee to Prevent Domestic Violence. For more information about Pressley Henningsen, please visit www.PressleyHenningsen.com.