Betty, Neuman & McMahon, P.L.C.

Quad Cities Legal Blog

Everything estate planners should know about estate planning

This blog recently discussed how helpful trusts can be as part of an estate plan. There are many helpful components of an effective estate plan that can give estate planners peace of mind which is why they should be familiar with the full range of estate planning tools available to them.

An estate plan can include different documents depending on the goals of the estate planner, the needs of the estate planner and the estate planner's beneficiaries and assets. Estate planning includes drafting and executing a will, as well as trust planning to set up a trust as part of the estate plan. Estate planners should also have the necessary powers of attorney and advanced healthcare directives in the event that they become incapacitated and are unable to direct their financial affairs or medical care.

Ways a trust can help as a part of an effective estate plan

A trust can be an important and helpful component of an overall estate plan that many estate planners may not fully understand but should. Trusts are one type of estate planning tool that can either be used to supplement a will or replace a will but estate planners should have guidance to ensure they develop an estate plan that is best for them and utilize estate planning tools in a way that meets the needs of their unique estate.

To create a trust, the estate planner or property owner transfers legal ownership of the property to a trustee to manage for the benefit of another person they designate as a beneficiary. The property must be transferred for the trust to become effective so that is an important step to complete. It is also important to note that there are different types of trusts that can achieve different purposes.

Richards Obtains Summary Judgment in Underinsured Motorist Case

Member/Partner Amanda Richards recently obtained summary judgment for her client in an underinsured motorist case.  The ruling found as a matter of law that there was no coverage afforded by the automobile policy and that the Plaintiff was limited in damages under the umbrella policy.  

Thill and Lobberecht Obtain Summary Judgment

Attorneys Peter Thill and Brandon Lobberecht recently prevailed in representing the City of Davenport by obtaining summary judgment resulting in a dismissal of review reopening workers' compensation claim on statute of limitation grounds. 

How do lawsuits work?

If you are involved in a lawsuit, chances are good you have many questions and concerns to which you need answers and resolutions. If you are participating in civil litigation because of a legal dispute, it is helpful to understand what to expect to calm the nerves and help resolve your dispute with a successful outcome.

The legal process provides a mechanism for the resolution of disputes through the filing of a lawsuit or legal claim for damages. A lawsuit begins with the filing of a complaint. There are service and process requirements that can vary by jurisdiction so it is important for the party bringing the lawsuit to know what the requirements are in their state. Once the claim has been filed and served, a clock begins for the defendant to submit an answer to the plaintiff's complaint.

Dickson inducted as Fellow into The College of Workers' Compensation Lawyers

Jean Dickson was inducted as a Fellow into The College of Workers' Compensation Lawyers at the Thirteenth Annual Induction Dinner in Coral Gables, Florida, on March 16, 2019.  The College of Workers' Compensation Lawyers was established to honor those attorneys who have distinguished themselves in their practice in the field of workers' compensation.  Members are nominated for the outstanding traits they have developed in their practice of twenty years or longer representing plaintiffs, defendants, serving as judges or acting for the benefit of all in education, overseeing agencies and developing legislation.  Jean was the only lawyer from the state of Iowa inducted this year.  

Workers' compensation basics and responding to them

Whether a workers' compensation claim for benefits is being pursued or being defended against, it is helpful to understand the basics of workers' compensation benefits. It is also useful to be familiar with the different categories of benefits which may be generally recoverable through workers' compensation .

There are several categories of illness and injuries that may cause workers to apply for benefits. Workers may apply for benefits because of a preexisting condition that was accelerated or aggravated in the workplace; for injuries they allege were caused during a lunch break, lunchtime hours, a work-related or sponsored activity or company facilities; diseases they assert were caused by toxins or other hazardous exposure; and injuries that result from the physical or mental strain of the workplace.

Register now for the BNM Workers' Compensation/Employment Law Workshop

Registration is now open for our spring seminar. Our Workers' Compensation and Employment Law team will be presenting topics to help you successfully investigate and defend workers' compensation claims and related employment law matters. 

How to prevent workers' compensation fraud

Most workers are honest and trustworthy. However, there are always a few employees who lack integrity and make things harder for everyone else in the workplace. Some may even fake work injuries or exaggerate how badly they are hurt. According to the National Insurance Crime Bureau, nearly $7.2 billion of workers' compensation fraud occurs each year in the U.S.

For employers, that is a lot of money to leave on the table. Here are four ways you can stop workers' compensation fraud at your company.

Understanding the mediation process

Mediation is one option to resolve a civil litigation dispute. Mediation is an alternate dispute resolution option to help resolve disputes in a manner that can be quicker, less costly and offer a variety of other advantages to the civil litigation process which is, of course, another option to help resolve disputes when mediation is not possible.

Mediation utilizes the help of a neutral third party to help guide parties to a dispute, or litigants, in the resolution of their dispute. The mediation process, in addition to being quicker and less costly, can also provide a less formal setting that is also more private and confidential. In addition, mediation is an option that preserves relationships during the process and moving forward. Mediation also allows the parties greater control over the process of resolving their own dispute.

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Betty, Neuman & McMahon, P.L.C.
1900 East 54th Street
Davenport, IA 52807

Phone: 563-326-4491
Fax: 563-326-4498
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