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Valuing Aches and Pains in Civil Lawsuits – Physical and Mental Pain and Suffering

How do you put a dollar amount on that alleged gnawing ache or lingering burning sensation someone has after being the victim of a defendant’s negligence?  Is a multiple of a plaintiff’s medical expenses, a per diem amount, or some other type calculation most appropriate? Iowa’s civil jury instructions recognize the unique character of noneconomic […]

Re-Evaluating Iowa Code 85.34(4) and (5) and Deutmeyer

It seems like a fairly easy concept … if an employer and carrier pay more benefits than what is statutorily required in a workers’ compensation claim, then they get a credit for those benefits overpaid against any additional award/settlement funds … then came along Deutmeyer (See Swiss Colony, Inc. v. Deutmeyer, 789 N.W.2d 129 (Iowa […]