Galligan Law Galligan Law 2026-07-16T20:18:23Z https://www.galliganlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1503744/2020/12/cropped-galligan-site-icon-32x32.png On Behalf of Galligan Law <![CDATA[What to do if you suspect someone is experiencing nursing home abuse]]> https://www.galliganlaw.com/?p=52490 2026-07-16T20:18:23Z 2026-07-09T13:05:46Z Understanding the duty to report in Iowa This legal duty helps protect dependent adults in Iowa. The law defines this abuse broadly. It includes many forms of harm, such as:
  • Physical injury
  • Confinement without reason
  • Sexual offenses
  • Financial exploitation
These laws are a key defense for victims who cannot speak for themselves. They create a formal way for state agencies to step in.

Who is a mandatory reporter?

Iowa law names certain workers who are likely to see signs of abuse in their jobs. The law requires these people to report their concerns. Failing to do so can lead to penalties. A person required to report who knowingly fails to do so commits a simple misdemeanor. People who must report in Iowa include:
  • Doctors, nurses, dentists and other health workers
  • Social workers and mental health staff
  • Staff at care homes, hospitals and assisted living centers
  • Police officers
  • Certified public accountants
These reporters must deliver an oral report to the Iowa Department of Health and Human Services. They must do this within 24 hours if they suspect abuse. The report should give key facts to help an investigation, such as:
  • The adult's name and address
  • Facts about the suspected abuse
  • Any other relevant details
This process starts an official review by the state.

How family members can report suspected abuse

The law does not require family and friends to report abuse. But what they see is just as important. Anyone who thinks an elder is being abused should report it. You can file a report with the Iowa Department of Health and Human Services. You can also contact the Office of the Long-Term Care Ombudsman. When you make a report, be ready to give clear details about your concerns, such as:
  • Dates and times
  • Descriptions of injuries
  • Changes in behavior
These details strengthen the report and aid the investigation.

The importance of following reporting procedures

Following the right steps is key to stopping harm. It also helps hold people to account. Iowa's laws create a clear path for a review. This protects the health and dignity of older adults. You may have a legal duty to report. You may also act out of concern for a loved one. In either case, speaking up gives a voice to those who cannot speak for themselves. This lets the right people fully review every claim of abuse.]]> On Behalf of Galligan Law <![CDATA[What are the long-term effects of a serious car accident injury? ]]> https://www.galliganlaw.com/?p=52488 2026-06-29T10:16:36Z 2026-06-29T10:15:18Z A severe car crash alters your life in a single second and immediate physical trauma requires urgent medical care. However, the long-term effects create permanent challenges for victims. Learning about these lasting consequences helps you prepare for the road ahead.

Chronic physical pain

Severe injuries like whiplash, joint fractures or spinal damage leave victims with permanent discomfort. This ongoing pain limits daily movement, restricts your ability to perform basic tasks and reduces your quality of life.

Traumatic brain injuries

Violent head impacts cause lasting mental issues that disrupt daily routines. Accident victims frequently experience memory loss, trouble concentrating and severe headaches. These issues impair their ability to keep a job or finish school.

Deep emotional distress

The extreme trauma of a sudden vehicle crash triggers lasting emotional scars. Many survivors develop intense driving anxiety, severe depression or sudden panic attacks. These symptoms return when they attempt to ride in a motor vehicle again.

Post-traumatic stress disorder

Mental health struggles following a major collision often manifest as severe PTSD. Victims suffer from vivid flashbacks, bad night terrors and constant emotional exhaustion. This heavy burden strains personal relationships and limits social activities.

Mounting financial burdens

Ongoing medical care, physical therapy and lost wages quickly ruin financial stability. Iowa statutes utilize a modified comparative fault rule. Under this law, any shared blame for the crash directly reduces your monetary recovery.

Protecting your financial future

Dealing with the aftermath of a car accident can be overwhelming. Insurance companies routinely try to minimize claim payouts and even exploit the state’s shared fault laws to avoid paying the compensation you deserve.  A dedicated advocate stands by your side during this difficult time, listens to your story, and fights for your complete recovery. This committed legal representation secures the financial support you need for your lifelong hardships, allowing you to focus on healing your body and finding peace of mind.  ]]> On Behalf of Galligan Law <![CDATA[What the 2026 Supreme Court ruling means for wrongful death ]]> https://www.galliganlaw.com/?p=52473 2026-05-18T18:54:53Z 2026-05-18T18:52:48Z A unanimous decision earlier this year by the Iowa Supreme Court serves as a cautionary tale for those considering a wrongful death lawsuit – or any kind of lawsuit where there are statutes of limitations involved.  It’s never a good idea to wait until the deadline is approaching. Evidence can be lost or destroyed, and witnesses can disappear, die or simply forget what happened. Further, as in this case, any dispute about when the “clock” started on the statute of limitations can potentially lead to the case being dismissed, regardless of the merits.

The case before the court

The case before the state’s high court involved the death of a woman due to complications from an injury suffered in an Ottumwa hospital, where she had undergone knee replacement surgery. The woman’s doctor failed to detect that she had fractured her knee when a nurse fell on her while helping her to the restroom. It wasn’t until she further injured the fractured knee in another fall at the hospital that the original fracture was diagnosed. The fracture caused fatty deposits (emboli) to go into her bloodstream, which caused “acute respiratory failure with hypoxia due to pulmonary embolism and fall.” She was moved to a different hospital, where her condition worsened and she passed away.

Did the statute of limitations clock restart upon death?

The woman’s estate filed a medical malpractice wrongful death suit exactly two years following her death. The defendants argued that the statute of limitations expired two years from the date she first complained of knee pain two weeks prior and the fracture wasn’t diagnosed, despite the fact that it was x-rayed or at most a few days later. The lower court ruled for the defendants, agreeing with their argument that the suit was filed after the statute of limitations expired. The high court was asked to determine whether the statute of limitations “clock” continued running from the date she and her family knew or should have known of the injury that eventually led to her death or if it “restarted” upon her death.

“Derivative” wrongful death claims

The justices stated in their ruling that under Iowa law, wrongful death claims are “derivative.” That means if the injury and the cause of the injury are known while a person is still alive, the clock doesn’t restart when they die. Thus, the court agreed with the lower court’s decision that the suit was “time-barred.” In most cases, it’s not necessary to wait close to two years to take action to hold another party liable for a wrongful death or any kind of injury and risk having a valid case be dismissed, as this one was. If you believe you may have a wrongful death case, the best thing to do is get legal guidance as early as possible to seek justice and compensation.]]> On Behalf of Galligan Law <![CDATA[Motorcyclists beware: These risks make you vulnerable on the road]]> https://www.galliganlaw.com/?p=52466 2026-05-11T15:25:27Z 2026-05-11T15:25:27Z You see motorcycles sharing the road with cars and trucks every day during Iowa's riding season. Motorcyclists have the same rights to use public roads as any other driver. However, riders face unique dangers that car drivers never face. These dangers help explain why motorcycle crashes so often result in serious injuries or death.

Why motorcycles offer less protection than cars

The physical differences between motorcycles and cars create serious safety problems that leave riders exposed. Common examples include:
  • No protective barrier: Cars surround people with steel frames, airbags and safety features while motorcyclists have nothing between their bodies and the road or other vehicles.
  • Smaller size: Motorcycles take up less space and other drivers often miss seeing them in traffic, creating blind spots on the road.
  • Less stability: Two wheels can lose balance from road hazards like potholes, gravel or debris that cars drive over without problems.
  • Weather exposure: Rain, wind and temperature affect how motorcycles handle and how well drivers can see riders.
Even small crashes that cause tiny dents in cars can throw motorcyclists from their bikes and cause serious harm.

How other drivers create risks for motorcyclists

Many motorcycle crashes happen because car and truck drivers fail to watch for riders on the road. Drivers turn left in front of approaching motorcycles because they never saw the bike coming. Others change lanes directly into motorcycles because they did not check blind spots well enough. Following too close gives drivers no time to stop when motorcyclists hit the brakes. Distracted driving becomes even more dangerous when drivers miss seeing smaller vehicles like motorcycles. Motorcyclists can ride carefully and wear helmets and protective gear but they cannot control careless drivers around them. Iowa law holds careless drivers responsible when their actions cause motorcycle crashes. Legal help allows injured riders to get payment for the serious harm that happens when larger vehicles hit vulnerable motorcycles.]]> On Behalf of Galligan Law <![CDATA[When even those who feel fine should see a doctor after a crash]]> https://www.galliganlaw.com/?p=52461 2026-04-20T22:47:19Z 2026-04-20T22:47:19Z Delayed diagnosis creates many issues The reason that people feel normal or even better than usual after a car crash is the adrenaline produced as part of the body's stress response. The chemical reaction to a serious incident can provide a surge of energy and hide painful symptoms. People may feel normal for hours after a crash, only to wake up the next morning in debilitating pain because the adrenaline wore off while they were asleep. Some of the worst injuries associated with car crashes do not produce immediate symptoms. Someone with internal bleeding caused by their seat belts or impact with the steering wheel may feel a little tenderness in their abdomen but may not realize the extent of their injuries for days. People with brain injuries or stable fractures might not have any immediate symptoms, but their conditions may worsen without treatment. The possibility of a condition progressing is one reason to see a doctor as soon as possible after a crash. The other issue with a delayed diagnosis is the possibility of controversy regarding injury compensation claims. Insurance companies and lawyers representing the party at fault for the crash may highlight the gap between the collision and the first medical appointment attended by the injured person. The longer the gap, the easier it may be to convince jurors that the crash didn't cause the injuries or that the delay in treatment is one of the reasons for symptom severity. Doctors can ask diagnostic questions and order imaging tests that can validate the presence of internal injuries. Prompt treatment can improve a patient's prognosis and make it easier for them to request financial compensation for their losses later. Consulting with an attorney when a car crash has caused serious injuries can also be beneficial. Those injured in collisions may be able to file insurance claims or personal injury lawsuits to recoup their collision-related expenses.]]> On Behalf of Galligan Law <![CDATA[What times of the day do most car accidents occur in Iowa?]]> https://www.galliganlaw.com/?p=52460 2026-03-25T16:50:12Z 2026-03-25T15:46:45Z The dangerous afternoon rush The statistics reveal a clear trend: the "danger zone" on Iowa roads begins in the early afternoon and lasts until sunset. This time frame coincides with school dismissals and the end of the traditional workday. Government data shows that crashes start to climb significantly at 2:00 PM, which has seen 36,481 accidents. As the afternoon progresses, the numbers rise even higher. During the 3:00 PM hour, Iowa saw 48,318 crashes. The 4:00 PM hour remains just as risky, with 47,378 reported incidents.

The most dangerous hour of the day

The most dangerous hour of the day for Iowa drivers is 5:00 PM. During this single hour, 50,953 crashes occurred. This peak is likely due to thousands of commuters being tired, stressed and rushing home all at the same time. The danger starts to fade slightly after 6:00 PM, but the roads still saw 36,169 crashes during that time. These five hours alone account for a massive portion of all traffic incidents in the state.

Navigating the aftermath of a car accident

Even if you are a careful driver, the high volume of traffic during these peak hours increases your risk of a collision. When an accident happens, the legal process becomes complicated very quickly. Seeking help from a legal professional is often a smart move because insurance companies may try to settle for less than you deserve. Attorneys understand Iowa traffic laws and can help you gather evidence, speak with insurance adjusters and pursue fair payment for vehicle repairs or medical bills.]]> On Behalf of Galligan Law <![CDATA[Who is responsible for your commercial vehicle accident?]]> https://www.galliganlaw.com/?p=52457 2026-03-05T08:23:45Z 2026-03-09T07:21:16Z Holding a truck driver liable Under the legal doctrine of respondeat superior, Iowa employers can be liable for the negligence of their employees who are on duty. You may file a personal injury claim against the company’s insurance policy, but understand that your payout depends on the state’s modified comparative fault system. You can recover compensation as long as you are not more than 50% responsible for the crash. However, your total payout is reduced by your percentage of fault. It is important to note that you must act quickly, as the statute of limitations for personal injury claims is two years from the accident.

Declaring a government entity responsible

The landscape shifts for accidents involving government vehicles. If a city-owned bus hits you while crossing the street, you can sue for driver negligence. To sue a government entity, you may need to first file an administrative claim with the State Appeal Board or the relevant local body. These often have much shorter windows than the two-year lawsuit deadline. If your claim is against the State of Iowa, you generally cannot file a lawsuit until the State Appeal Board disposes of your claim or six months have passed since you filed your administrative claim.

Exercising your right to recover losses

Commercial drivers must exercise reasonable care at all times. Because they operate heavy vehicles, the reasonable standard often necessitates stricter safety protocols and adherence to federal regulations. Neglecting this expectation can make them liable for the damages they have caused. If you are involved in an accident with a commercial driver, ensure to document the collision. Seek immediate medical attention to build a paper trail that connects your injuries to the incident. While you can face this alone, it would be wise to seek guidance from a personal injury attorney. They can offer advice on handling a trucking company’s insurance and drafting a Notice of Claim.]]> On Behalf of Galligan Law <![CDATA[What to do after a crash with an uninsured driver in Iowa?]]> https://www.galliganlaw.com/?p=52432 2026-01-30T13:17:24Z 2026-01-30T13:09:12Z Car crashes with uninsured drivers can feel especially stressful. You may still have options for compensation, but the process often looks different from a typical insurance claim and may require more careful planning.

Taking first steps at the scene

Your first priority usually stays the same, no matter who caused the crash: protect your health and create a clear record of what happened.
  • Call 911: Notify law enforcement immediately if anyone is injured or killed. Even minor crashes can benefit from a police report as it may provide important evidence.
  • Exchange information: Gather the other driver’s name, contact details and license plate number. Ask for insurance information even if they claim they do not have coverage.
  • Document everything: Take photos of vehicles, the scene, road conditions and any visible injuries. Speak to witnesses when possible.
  • Seek medical care: Get checked by a doctor even if you feel fine. Early evaluation protects your health and documents injuries.
  • Report the damage: File a report with the Department of Transportation within 72 hours if total property damage appears to exceed $1,500, as required under Iowa law.
After leaving the scene, many people find it helpful to keep an “accident folder” with medical records, repair estimates, notes about missed work and records of pain or limitations.

Understanding uninsured and underinsured crashes

Iowa law expects drivers to carry liability insurance, but some do not. When an uninsured driver causes a crash, you may face more uncertainty about payment and timing. Uninsured motorist (UM) and underinsured motorist (UIM) coverage for bodily injuries usually comes with most Iowa policies unless you reject it in writing. These coverages often apply mainly to medical bills and physical recovery. For vehicle repairs after a hit-and-run or a crash with an uninsured driver, you may need to rely on collision coverage.

Reporting and working with your insurer

Crashes with uninsured or underinsured drivers often shift focus to your own insurance. The process can feel more adversarial because your insurer may evaluate the claim more closely than for a typical property damage case. Many people take steps such as:
  • Notify your insurer promptly: Report the crash as soon as possible, since most policies require quick notification.
  • Clarify your coverage: Confirm your UM/UIM limits for injuries and your collision deductible for vehicle repairs.
  • Review statements carefully: Think carefully before giving recorded statements or signing broad medical releases, as these can affect your payout.

Exploring compensation and legal options

Paying for medical bills and repairs may involve multiple sources: UM or UIM coverage for injuries, collision coverage for your vehicle and possibly health insurance. Lawsuits against uninsured drivers are an option in Iowa, but they often result in judgments that are difficult to collect if the person has few assets. Many people focus on maximizing their insurance benefits first. Iowa law generally allows two years from the crash date to file a personal injury claim.

Moving forward after a crash

Car crashes can shake your sense of safety and dealing with an uninsured driver can add stress. Taking steady steps such as focusing on your health, documenting what happened and understanding your insurance coverage may help you go through the situation more confidently and manageably.]]> On Behalf of Galligan Law <![CDATA[How eating and drinking while driving increases crash risk]]> https://www.galliganlaw.com/?p=52429 2026-01-12T08:35:41Z 2026-01-12T08:34:14Z How food and drinks distract drivers Eating and drinking interfere with safe driving in several specific ways:
  • Taking hands off the wheel to hold food or drinks
  • Shifting eyes away from traffic to unwrap items or check cup holders
  • Dividing mental focus between driving decisions and managing spills
  • Slowing reaction time when attention moves off the road
These distractions matter even more on Iowa roads. Roads in and around Des Moines include rural stretches, narrow highways, frequent construction zones and rapidly changing weather. Because these paths are tricky to navigate, they demand a driver's full attention. A brief glance down or a spilled drink can delay braking or cause a driver to drift out of a lane.

Why these distractions increase crash risk

Driving requires full attention and constant adjustments. Drivers need to scan traffic, judge distances and anticipate sudden changes. Eating or drinking interrupts that process. A dropped item can trigger a reflex to look down. A hot drink can cause panic. Even a quick reach for a napkin can delay a response to a slowing vehicle ahead. These moments reduce control when drivers need it most. For people who regularly commute, drive for work or spend long hours on the road, the risk adds up.  Familiar routes already carry a higher likelihood of distracted driving because drivers feel more comfortable and alertness drops. Adding food or drinks into that setting increases distraction during an already high-risk situation.

Iowa traffic laws and fault considerations

Iowa law does not ban eating while driving. However, drivers must operate vehicles with reasonable care. If eating or drinking leads to unsafe driving, drivers may be issued a citation. After a crash, insurance companies look closely at driver behavior. Any evidence of distraction can affect fault decisions and compensation. What seemed like a minor habit before a collision can carry serious legal and financial consequences.

A safer habit for drivers

Distracted driving includes more than phones. Any habit that takes a driver’s focus away from the road matter. Finishing a meal before driving or pulling over to eat reduces risk. Staying focused protects not only the driver but everyone sharing the road. Small changes behind the wheel can prevent life-altering injuries and keep Iowa roads safer for all.]]> On Behalf of Galligan Law <![CDATA[Iowa drivers: What one accident really does to your insurance]]> https://www.galliganlaw.com/?p=52418 2025-12-03T08:00:35Z 2025-12-03T08:00:35Z A car accident can turn a quiet drive into a catastrophic event that shakes your day, your routine and your budget. Many drivers in Iowa worry most about what happens to their insurance rates because even one crash can raise monthly costs in ways that feel hard to control. This is because the state uses an at-fault system which requires drivers to show financial responsibility after a crash.

What Iowa law requires for car insurance

The Iowa Code § 321A.21(2) states that an owner’s auto liability policy must list covered vehicles and protect permissive drivers. It also must show the insured’s name, coverage period and the policy limits. Currently, minimum limits are $20,000 per person, $40,000 per accident and $15,000 for property damage. This coverage applies to accidents in the United States.

How insurers judge rate increases in Iowa

Each insurance company sets its own standards, but some factors matter more than others. Insurers look at fault and the type of claim because a high-cost crash signals higher risk. This commonly affects drivers who commute daily or rely on their vehicle for work since they spend more time on the road. Key factors that insurers weigh after a claim include:
  • Claim cost: Higher medical bills or major vehicle damage raise your risk profile.
  • Fault: Being at fault usually increases your premium more.
  • Driving record: Past tickets or crashes make insurers view you as higher risk.
  • Vehicle type: Expensive or high-theft cars cost more to insure.
  • Prior insurance history: Lapses or frequent claims can push rates up.
These details guide insurers as they set a new rate, and knowing them helps you plan your next steps with more control.

How to protect your coverage after a crash

A crash does not have to damage your long-term budget. You can take small steps to limit your rate changes. You can also review coverage options that match the way you drive since a commuter or delivery worker faces different risks than a weekend driver. If you feel unsure about what coverage you need after a recent accident, an insurance advisor can help. You can also speak with an experienced car accident attorney who can help you understand policy terms and claims rules. Your next best step is to request a full written quote from your insurer so you understand every cost before you accept a new rate.]]>