Recent Blog Posts

Rollover Accidents

Des Moines Personal Injury Attorney — Tue, 20 Dec 2011 22:10:00 GMT

It seems that every week you hear about at least 1 or 2 rollover accidents that occur for various reasons. Often times it is the fault of the driver but sometimes there are other reasons for the rollover. For example, a Polk County jury in Des Moines, Iowa last year awarded a man $28,000,000 who was rendered a quadriplegic when he was a passenger in a rollover accident. The jury found that the tires that were manufactured by Cooper Tires were defective and that was the reason for the accident. Most of the verdict was for future care during the expected lifetime of the man who became a quadriplegic and will be paralyzed for life.

Rollovers are expected to occur occasionally and will continue to occur on a regular basis throughout the years. Often times slippery roads, gravels roads and other hazards in the road will cause the vehicle to roll over when it loses its forward traction. Most roofs on vehicles that are on our highways today are not strong enough to resist crushing down on the occupants of the vehicle when a rollover occurs. The manufacturers of the Volvo and the Volkswagen have the safest roofs of all of the manufacturers of motor vehicles in the United States and other countries.

It is important to be very cautious and to not have a false sense of security in the event that your vehicle does roll over. Hiring an experienced Des Moines personal injury attorney is essential when it comes to handling personal injury related matters. By contacting a member of our legal team you will ensure your rights are being fought for throughout the entire legal process. Contact the firm by calling (800) 827-5173 today.

Misdiagnosis in Medical Malpractice Cases

Des Moines Injury Attorney — Thu, 15 Dec 2011 06:05:00 GMT

If your doctor did not properly diagnose your medical condition or if the doctor fails to advise you of the correct medical problem, the result can be devastating for the patient. It may involve a misdiagnosis of cancer which could lead to death. It could be a misdiagnosis resulting in untreated diabetes which also can result in serious permanent injuries or wrongful death.

Recently a 59 year old man had 80% of his stomach removed and underwent 7 sessions of chemotherapy before the providers realized he never had cancer in the first place. The shocking misdiagnosis means that this man cannot eat sitting down for the rest of his life, has lost an incredible amount of weight and is dealing with depression and anxiety. All he suffered from was reflux when his physician referred him for a gastric biopsy.

The alleged bungle at the hospital's pathology lab led to his misdiagnosis. The patient was devastated when he discovered that he did not have cancer and yet lost nearly all of his stomach. If you have been injured due to the negligence of another such as a medical malpracitce claim or nursing abuse matter then you should contact a Des Moines personal injury attorney from our firm today. At McGuire Law, PLLC we provide the guidance you deserve no matter what type of personal injury related matter you may be involved in. Call the firm to schedule your free consultation today.

Bicycle Accidents

Des Moines Injury Lawyer — Tue, 06 Dec 2011 15:40:00 GMT

Bicycle accidents have been increasing over the last several years with the popularity of bicycle riding. Fortunately, many cities and counties are building bicycle paths but most bicyclists still occupy the roadway. Even the most cautious bicyclist can be seriously injured or killed if a motor vehicle operator is not alert and respectful to those on bicycles.

Just recently, in Minneapolis, a 61 year old bicyclist was killed when he was apparently headed to a nearby bicycle path when he was hit by a pickup truck. The bicyclist was crossing the intersection when he was struck by the vehicle which did not stop after the accident.

With winter approaching here in Iowa, that may not be much of a concern now. However, when spring arrives please remember to be as cautious as possible when you are riding a bicycle on public roads.Being injured in a bicycle accident or any other personal injury related matter can have a enormous toll on your daily life. You may have been injured to the point of requiring mandatory medical attention, high medical bills and not being able to do things you love like ride your bike. Contact a Des Moines personal injury attorney from our law firm today, we will be able to sit down and discuss an approach to your injury case.

Truck Accidents Are Different Than Auto Accidents

Des Moines Personal Injury Attorney — Tue, 29 Nov 2011 21:45:00 GMT

When someone is struck by an 18-wheeler, the claim is not as simple as just calling the liable parties insurance company. Rather, with huge insurance policies on the line, and in-house attorneys working for the trucking company, the injured party needs to know his or her rights. In Iowa, the trucking companies are required to carry a minimum of 1 million coverage for liability insurance that will cover the injured parties. But with many 18-wheelers having lease agreements with parties owning the trailer or cab, the coverage becomes very complex and difficult. This is one important reason for consulting with an experiencedDes Moines personal injury lawyer who is familiar with insurance coverage for 18-wheelers if you have been involved in atrucking accident.

Usually when a collision with an 18-wheeler occurs, the injuries are much more substantial. In order to obtain a fair and reasonable settlement or verdict, it is important to know all of the measures of damages that you are entitled to in a motor vehicle accident with an 18-wheeler. By contacting a Des Moines injury attorney, you will be able to see if you are eligible to seek the compensation you deserve.

Why You Should Not Give A Statement to the Insurance Company

Des Moines Personal Injury Lawyer — Mon, 21 Nov 2011 21:40:00 GMT

If you have recently been in a motor vehicle accident, normally the insurance company adjuster will call and want to take your statement. The adjuster asks leading questions which basically are questions where they want you to answer in a way that would favor them. Most people are nervous about giving a statement for fear they will say the wrong thing. The insurance company will transcribe your statement and give it to the defense attorney to use against you in your deposition or at trial. It is important to talk to a lawyer before ever giving a statement to an insurance company on your own.

If you have an attorney representing you, the defense attorney will quite often want to take your deposition, which is a statement under oath. However, your Des Moines personal injury attorney will prepare you for the deposition, will tell you what questions will be asked so that you can be well prepared and your lawyer will be at your side during the deposition. The defense lawyer can also ask leading questions at the deposition, but you will be prepared for them. Any good lawyer will make sure you are prepared for the deposition before it occurs. In addition to preparing a witness for a deposition, our firm also has a 3 page explanation sheet about the deposition which addresses all concerns you would have as a witness in a deposition.

In summary, if you have been involved in a car accident, truck accident or any other motor vehicle accident never give a statement on your own to an insurance company adjuster without seeking legal advice. At our law firm an experienced Des Moines injury lawyer will be able to stand by your side throughout the legal process and make sure those tough insurance companies do not take advantage of you. Contact the firm by calling 800-827-5173 and scheduling a consultation today.

Why Insurance Companies Don't Want You Hiring a Personal Injury Lawyer

Personal Injury Lawyer — Wed, 11 Aug 2010 23:45:00 GMT

When an auto accident occurs the insurance company that insures the other driver is usually the first to respond to the accident scene. Motor vehicle insurance policies require that the insured immediately contact their insurance company. The reason for that policy requirement is to give the insurance company the opportunity to have its adjuster investigate the scene promptly in the hopes that the injured will settle the case before he or she has a chance to hire a car accident lawyer.

The insurance company adjuster will often discourage you from hiring a personal injury attorney. The adjuster knows that in a high percentage of cases, the injured person will accept a settlement that is extremely low, especially when the injured person wants money immediately.

For example, we recently had a case where a young lady came into our office to see if we thought the settlement of $7,500 was a fair settlement offered by the insurance company. She sustained a 4-inch cut in a collision with the insurance company's insured vehicle. She was treated at the hospital on the day of the accident and released. She returned to the hospital later that day with vaginal bleeding and was concerned because she was 19 weeks pregnant. The insurance company convinced her that this was not related to the accident because the membrane tear was something that just occurs in some pregnancies. The baby was still alive after the accident, but died about 3 months later, which the insurance company also said was further evidence that it was not related because the baby would have died at the time of the accident if the accident itself was the cause.

When we took the case, we hired a pathologist who examined the pathology slides and found that the death of the baby was from the accident. Her OB doctor was also of the same opinion. The insurance company fought it but when they hired an expert, his opinion was the same as our doctors.We settled the case for the full limits of insurance of $100,000, plus we obtained an additional $25,000 from her insurance company under the underinsured portion.

If you have been injured in any type of accident, you should speak with a member of our office to learn more about your right to compensation. Contact McGuire Law, PLC today and learn how we can help.

How Do I Know if I Have Enough Insurance

Personal Injury Attorney — Thu, 15 Jul 2010 17:09:00 GMT

Most people don't have any idea what their auto coverage entails until they are in an car accident, but then it is too late to correct it. Some people want the cheapest coverage which is a mistake. For just an extra few dollars a month, you could have very good coverage. What makes it difficult is that often the insurance agent does not understand all aspects of auto insurance or he is not interested in taking the time to carefully explain why you should have good coverage. Since good coverage does not cost much more than bad coverage, there is very little commission for the agent. A good agent will take the time if you ask him to explain your coverage and what you need.

Let's look at an example. You are driving your car with your daughter as a passenger when another vehicle pulls out in front of you on the highway and you and your daughter end up in the hospital for two weeks and have medical bills of $150,000 each. You lost time at work, had pain and suffering, and other damages. Your case is worth $275,000 and your daughter's is worth $200,000 if settled or tried. You go to an attorney and he submits a settlement demand to the other driver's insurance company. ABC Insurance company informs your lawyer that the driver only carried $25,000 liability limits. Your attorney checks with your insurance company to see if the underinsured portion of your policy will pick up the rest. The uninsured/underinsured portion of your coverage protects you and your passengers if someone runs into you who has no insurance or not enough insurance. Your very own insurance company tells your lawyer that you only have $50,000 underinsured coverage. That means you will receive $75,000 total for your claim and lose out on $200,000. That also means your daughter will receive $75,000 total for her claim and lose out on $125,000. For $4.00 a month more, you could have had coverage that would have paid your claim in full ($275,000) and your daughter's claim in full ($200,000). This situation would make you sick if you learned you were grossly underinsured after the auto accident, especially when you learned that you and your daughter could have been fully protected if only you had spend a few dollars more.

If you have any questions about your insurance policy, it's important to speak with an experienced personal injury attorney. Send me a copy of your declaration page from your insurance company and I will get back to you at no charge. Don't hesitate to contact our office in regards to your matter today.

Is Your New Toyota Safe to Drive?

Personal Injury Lawyer — Wed, 10 Feb 2010 00:40:00 GMT

Toyota has announced the recall of millions of its new cars in order to fix sticky gas pedals and loose floor mats. It is now being revealed that there may also be an issue with faulty brakes. If an owner continues to drive his or her new Toyota and the defect causes a car accident, there may be several issues involved concerning fault.

Hopefully, none of you will ever have to be concerned about these issues. The safest course of conduct would be to park the car until it can be properly fixed. But then another issue arises.Should Toyota be required to compensate you for the loss of use of your new Toyota?

To learn more about this topic, or if you or a loved one suffered an injury or was wrongfully killed to a defect with your Toyota, contact McGuire Law right away. An experienced personal injury lawyer at our office can review the facts of your case and help you take legal action. Protecting and advocating your legal rights are our main priorities!

Be Careful When Trying to Reduce Auto Insurance Premiums

Jim McGuire — Thu, 07 Jan 2010 22:48:00 GMT

You have probably seen several different ads on television recently by auto insurance companies who are trying to convince the public that their insurance is the cheapest. There is nothing wrong with shopping around, but make sure that when you do shop that you are receiving quotes on the same insurance coverage from each company.

The first thing you should do is sit down and write out what auto insurance coverage you need to have to protect your interests. You should have a minimum of $100,000.00 limits for liability insurance and preferably $250,000.00 limits for liability insurance. Liability insurance protects you if you are in a motor vehicle accident where it is your fault and the other party or parties sue you for personal injuries. If the personal injuries are severe with high medical bills and permanent injuries, the value of the case may easily reach $250,000.00. If the value of the case exceeds the coverage that you have, then you may be subject to personal liability where you would have to pay the additional money out of your own pocket. That is why it is so important to carry high limits for liability insurance to protect your own interests. The good news is that increasing your liability insurance is very inexpensive.

The second most import item to consider when shopping for insurance rates is the amount of protection that you would have if a motorist causes personal injury to you or the occupants of your car, where that motorist has no insurance or inadequate insurance. Again, the minimum amount you should carry is $100,000.00 for uninsured/underinsured coverage, but preferably $250,000.00. This may be the most important coverage you can buy.

If you have any questions contact a skilled lawyer at McGuire Law PLC today.