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

Quad Cities Legal Blog

The protection of a liability waiver for your business

Despite the safety measures you have in place, someone got hurt at your place of business. This may not be totally unexpected if you offer a service that has an element of risk, such as recreational activities, gyms, travel companies or festival events. However, the injured party is now planning to sue your company, and you are wondering if this is possible since all your customers must sign a waiver.

What many misunderstand about liability waivers is that they do not protect you from a lawsuit. An injured customer may still have the right to file a claim against your business for injuries, but a well-constructed and signed waiver can provide the court with evidence that you informed your customer of the dangers and the customer accepted the risk. The trick is having a solid waiver in your customer contract.

Common defense strategies to workers' compensation claims

When Iowa workers suffer injuries in work-related accidents, they could have grounds to seek benefits through a workers' compensation claim. However, employers and insurance companies have the right to scrutinize these claims and determine if they are valid. As an administrator, employer or insurance company, you may find it beneficial to understand more about workers' compensation defense.

Workers' compensation claims can be expensive, and it may be in the best interests of your company to protect yourself against unnecessary financial loss. There are various defense strategies to these types of claims, one of which may be beneficial for your situation. This particular area of law is complex, and you would be wise to obtain help when dealing with related matters.

The right business entity: Setting your business up for success

When starting a business in Iowa, there is much more involved than simply opening up shop. There are both legal and financial decisions you will have to make, and these choices will factor into the future success of your company. It is prudent to proceed thoughtfully and carefully through these beginning stages of owning a business. 

One important step in the start-up process is choosing the right entity for your company. This choice will impact various aspects of your business operations, and the right decision depends largely on your goals, the type of business you have and other factors. Many entrepreneurs and business owners find it beneficial to seek help as they address these important matters.

Understand the mediation process before you commit to it

If you are fortunate enough never to find yourself in a dispute with an individual or another business, consider yourself lucky. At some point in time, nearly every business has some sort of issue with someone. In some cases, your business will be the wronged party, and in other instances, you will be the party accused of wrongdoing.

Regardless of the circumstances, you may have the chance to resolve the dispute outside of an Iowa courtroom. In some cases, you may even be able to resolve it with a phone call, an email or a letter. In other instances, however, you may need to employ more formal measures in order to stay out of court, yet be provided with the means to resolve your dispute in a matter that satisfies everyone involved.

Your will should change as your life changes

A will is often the cornerstone of an estate plan. If you have written a will, you have a right to be proud of yourself. Not many in Iowa take the time to provide for their families in this way. A will can include more than just who gets which of your assets. You can use your will to name the executor of your estate, designate a guardian of your children and leave any special instructions for your loved ones.

Once you have signed your will and determined the safest and most accessible place to keep it, you may think you can check that task off your to-do list and never have to think of it again. However, as your life goes on, things may change. What was relevant to your life and estate at one age may be obsolete at another. This is why you must think of your will as a fluid document that requires periodic review and maintenance.

When does workers' comp cover employee travel?

As an employer or business owner, you have concerns for the safety and well-being of your employees. Beyond what the law requires you to provide to ensure their protection from hazards on the job, you may also take a personal interest in their good health and state of mind. If an employee is injured on the job, you likely feel genuine concern for his or her recovery.

However, in addition to demonstrating concern, it is important to know how far your responsibility goes when an employee claims a workplace injury. For example, it is not uncommon for an employer who is involved in a traffic accident to seek workers' compensation benefits when he or she feels the accident was work-related.

You can take steps today to plan for medical care in the future

Iowa readers know it is impossible to predict the future, but it is possible to take steps to protect the long-term interests of yourself and your loved ones. Estate planning is a way that you can manage your estate and have a final say over what will happen to your hard-earned assets, but it can also be a way for you to plan for certain types of medical care you may need.

There are various types of estate planning documents that will provide you with security and peace of mind regarding emergency medical care, end of life care and more. Through carefully and thoughtfully drafted advance directives and other documents, you can make decisions for yourself and save your loved ones from having to make difficult decisions for you.

2 ways to defend against negligence claims

After some sort of accident, it can take some time to determine who bears the responsibility for it. Law enforcement agencies, insurance companies and attorneys often conduct investigations into an accident to determine what happened, how it happened and who was at fault for it. Sometimes, it doesn't take long or much effort to determine which party's negligence led to the accident.

Few cases are that cut and dry, however. In most instances, both parties bear some liability for what happened. This means that it may be possible to defend against a lawsuit filed by the party who appears to be the victim.

Missed diagnoses comprise most of malpractice claims

As a doctor, you certainly hope you will never make a critical mistake that will endanger the life of one of your patients. Depending on the specialty you practice, you may be more vulnerable to malpractice claims than others in your profession. When a mistake occurs, you may expect to do a careful review of the procedure to find out exactly where in the process the breakdown happened so that you can prevent such an error again.

However, recent analysis of malpractice lawsuits from the past four years shows that the breakdowns often happen very early in the process. In fact, diagnostic errors make up the highest percentage of medical malpractice claims.

Breaking your commercial lease can bring trouble

Breaking a commercial lease may be an intimidating prospect. Whether you are a long-term tenant or your lease is relatively new, you know that breaching any contract puts you at risk of legal and financial consequences. As a business owner, the cost of such things may be more than you want to pay.

Nevertheless, you may be facing a situation where breaking your lease is unavoidable. Perhaps your business is no longer lucrative, and the time has come for you to close your doors. More positively, your business may be thriving, and you have found commercial space that is more suitable to your expanding needs. Your priority now is finding a way to get out of your lease without facing substantial consequences.

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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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