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Stephen I. Lane
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Stephen Lane’s Answers

64 total


  • Daughter in a car accident. Do I really need a lawyer?

    Daughter hit by a semi truck in the rear quarter panel of our van. It caused the van to spin around where he hit her two more times going down the expressway. She was in her lane and saw him coming in side mirror, kept watching with him gaining an...

    Stephen’s Answer

    You've been given sound advice by the other attorneys who've already answered. You're asking the question because you've already experienced something of what might happen if you're not being represented and counseled by an experienced and knowledgeable attorney. As you suggested, there are injuries which are subtle and can creep up insidiously over time. Unless you've had the proper training and experience, you're probably not even aware of what you should be looking for, the questions that need to be asked about both the accident as well as your daughter's injuries. The physics involved in a crash between a truck and car make it very plausible that there were extensive forces at play. I your daughter's case I'm not saying what injuries she does or doesn't have, but you need to be watchful of many things...mood changes, concentration, vision changes, changes in sensations, skin color and temperature, to name just some. They can all be signals of injuries which may not make themselves immediately known. There is no reason whatsoever to trust that the trucking company or its insurer will be looking out for your daughter's interest. They have one, and only one concern...how can they pay out as little as possible on the claim. Period. End of story. On the other hand, if you have an attorney, his or her interests are completely the same as yours. You and your daughter should consult with an experienced and knowledgeable personal injury attorney as soon as possible. The more time that goes by, the greater the chance for missing or losing potential evidence or witnesses. Neither you nor your daughter should have any communications with the truck company, it's driver or its insurance company. You need to understand how committed they are about their only purpose.

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  • This lady hit me in the city her insurance won't call me back? Can I sue?

    It's been two weeks. I was driving in Chicago this lady tried to merge right from the left lane and merged right into me. I filed a claim with her insurance 2 weeks ago called numerous times and they won't call me back.

    Stephen’s Answer

    I know it's painful and frustrating to be in your shoes. If you weren't injured, you are far better off, and will be much less frustrated if you just present the claim through your own insurance company. Your insurance company has a contractual and statutory obligation to deal fairly and in a timely manner with you. They can get your car repaired, and will go after the other driver to recover their expense for repairs, and will also try to recover your deductible. If you were injured injured, you should speak with an experienced personal injury attorney as soon as possible. In any event, you certainly should not have any further personal contact or communications with the other driver or his insurance company, unless you were not injured and you have no collision coverage yourself.

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  • I was hit by a police car while driving through an intersection and he did not yield, he admitted at the seen he did not yield

    do i have right to sue

    Stephen’s Answer

    There are a number of factors that would go into the question you've asked. You didn't mention whether or not you were injured. The question I'd ask you is what you're suing for? If you were not injured, then even if you had a right to sue, it wouldn't make economic sense to. If your car was damaged, it's far easier to get it fixed by your own insurance carrier. If you were injured, the nature and extent of your injuries will factor in on the decision of whether you should bring the case. If the police were in an emergency procedure, they have certain protocols they are supposed to follow. The polic are protected from civil suits in some cases by statutory immunities, but there are exceptions, and in the right circumstances, they can be held accountable for damages. Unless there were no injuries, you really need to consult with an experienced personal injury right away. There are many forms of evidence which can be lost if they aren't preserved, and a shorter time limit to bring the action than other kinds of cases.

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  • Is too great a femoral offset which needs revision mal practice?

    I have been in worse pain since my hip replacement in Dec 13 than before. Recent 2nd opinion says the femoral offset is too great, that I have some hyper-mobility and that the plus 4 head should be revised to zero. My consultant concedes this may ...

    Stephen’s Answer

    I'm sorry you're going through this. Having gone through several knee replacements myself, I'm sure that you're going through a very difficult time. However, from what you describe, it also sounds like you have options available to you to correct the problems. I suggest that you consult with another orthopedist to see what if any options are available to you. Having said that, the question of whether you can or should bring a malpractice case is answered in part by the determination of what damage you have suffered as a result of any negligence in your medical care. Assuming that it was negligent surgery in the first place, if your problems can be corrected, it's probably not economically feasible to pursue your case. If the problems are the result of a defective implant, then I think it would be worth investigating and pursuing a claim against the manufacturer. The fact is, to know anything about what actions to take, either medically or legally, you must get to the root of the question of what is actually causing your problems. Once you have that answer, you should gather all of your records, including all radiology imaging, x-rats, etc. and consult with an experienced medical malpractice attorney. He or she can review your circumstances and records with you and help you decide what the best course of action would be to take.

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  • I own my semi-tractor incorporated and I was at a customer they damaged my tractor acknowledged they damaged my tractor told

    me they would pay for the damage and its coming up on 2 years and recently said they wouldn't pay . about $7000 damage . I was told that since we are both incorporated I would need an attorney to recover

    Stephen’s Answer

    I agree with all of the other responses. Your own insurance company has a contractual relationship with you, and owes you a duty to deal with you fairly. The other insurance company owes you nothing and can string you along as long as they like.

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  • I have a bladder problem i had a sling put on my bladder it retracted now im haveing problem after problem

    I have been going to the doctor he will be putting a camera in to see what's going on then reconstructed surgery but my bills is adding up do i have to pay for them or will they send them to my layer when i talk to him this week i don't know what ...

    Stephen’s Answer

    You should absolutely be discussing this with the lawyer who is already representing you.

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  • Do I need Lawyer? Please Help

    I gave birth to my first child 1/11/15 and the labor was very traumatic for me. I was in 48 hours of labor suffering excruciating pain with contractions coming every 1-2 minutes with pitocin increasing it. I was on 5 different meds IV and about 4 ...

    Stephen’s Answer

    I'm sorry that you're going through all this. Having a new baby is hard enough when everything goes well, but I'm sure you never anticipated this. If you're still having the symptoms you describe, something is very wrong. Did anyone talk about your developing preeclampsia or eclampsia? What medical consultations have you sought since your delivery? You should absolutely see a neurologist immediately to determine both what's causing your symptoms and what can be done about them. Once you know the diagnosis and have an idea about what your future needs might be, you should gather all of your pre-natal, labor and delivery and post-parting records from all of your doctors and the hospital. Make sure that you specifically request all records including anesthesia and intra-operative records. Once you have done all that, you should consult with an experienced medical malpractice attorney who can review your records with you, and try to assess your prospects for having a successful case.

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  • Had a brain Arianism burst in the ER after four doctors looked at me, spent 13 hours there before I flat lined. Then transferred

    I woke up 13 days later, because I flat lined during the brain surgery and went through months of rehab. The two doctors that took over at the first hospital saved my life. The doctor who saw me initially, misdiagnosed at first, then maid wrong st...

    Stephen’s Answer

    I'm so sorry you've been put in this position. Brain injuries, even what some might call "mild" ones, can have devastating effects on the lives of the patient as well as their families. A ruptured aneurysm can easily be fatal, and any threat of rupture must be taken seriously. Intervention before rupture is critical, and often the difference between life and death. In every aneurysm case, the key is being able to determine if the impending rupture could have been predicted, and then prevented. Another key point is being able to asses how much of the damage could have been prevented. The only way to make these determinations to know whether you have a good case is by gathering all of your complete records...not only of the hospital where you suffered the rupture, but from all medical providers who saw you for any reason in the year before your rupture as well as those who have taken care of you since then. This should include all radiology studies, such as x-Rays, CT scans, MRI's and nuclear studies if your head/brain, if any were done. We need to see the actual images, not just reports. Then we have to review them with qualified experts in order to assess your case. This can be a very tedious and long task, and because you have a time limit within which you have to file your case in the proper court, you should consult with an experienced medical malpractice attorney as soon as possible. Your lawyer should be able to find excellent experts who are willing to support you if in fact you do have a good case. He or she will also help to guide you through this very difficult time, and help you find and get the resources you need to work through this. The good news, as I've seen in the many Iowa cases I've been involved with, is that Iowa has some very fine resources available to people who've suffered brain injury, and overall, is a pretty supportive state.

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  • Reckless in dangerment by police chasing a van and then getting hit by van being chase

    Going down busy street driving then car being chase hit me coming out of side street almost killing me total my car

    Stephen’s Answer

    You should immediately speak with an experienced personal injury attorney. It is extremely important to gather and preserve evidence as early as possible. There are radio dispatches to and from the squad car who hit you as well as on-car video recordings which you will need to obtain. Too often these critical pieces of evidence are lost or ignored. Your attorney should immediately notify the police department of your claim and take steps to obtain and preserve their materials. The police are subject to specific guidelines and an experienced attorney can make sure you're rights are protected.

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  • In a three vehicle accident who is at fault, I was the middle car and I ended up being arrested for DUI

    I was involved in an accident, it was around 4 pm rainy day and roads were wet. It was a two lane road, hwy 37 in or near a construction area, the car in front of me was moving slow almost stopped, still not real sure why, but as I came up I slam ...

    Stephen’s Answer

    You should immediately consult with an experienced personal injury attorney, and he or she can help you find a competent traffic lawyer to represent you in your DUI charges. Both your description of how the accident occurred, your having lost consciousness and the police officers' interpretation of your condition suggest that you have several potentially serious issues to contend with, and you absolutely should not be dealing with any of them yourself and without advice and assistance of a good, competent attorney. The fact that you lost consciousness alone is suggestive that you may have suffered at least a minor, but maybe even a significant brain injury. You , your doctors and your attorney need to be watchful for any and all signs of brain and other injuries...altered levels of consciousness, balance issues, difficulty concentrating, coordination issues, and more. You need to be carefully evaluated by at least a neurologist. Signs of numbness, tingling, radiating pain, electrical or strange sensations, bowel and bladder issues may suggest spinal cord or nerve injuries...and a competent personal injury attorney should be able to help you make sure that you obtain the appropriate medical care your condition calls for. The conditions as to how the accident occurred, and the fact that you were charged with DUI make it likely that any others who were involved in the accident may bring claims against you, and it 'a important that all petting evidence and witnesses be identified and preserved. Being charged with DUI is a serious matter on its own, and a conviction could cost you significant financial fines, the suspension or loss of your driver's license and can even affect your insurance and job! You need to consult with a good attorney immediately! Make sure that all of your rights and interests are properly protected. Do not discuss your case with anyone before you've had a chance to consult with your attorney. If you follow this advice, you will have all of your options available to you, and you'll be able to have them explained to you by someone who is looking out for your best interests.

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