Clients often ask me what their case is worth. My usual response, especially early in the case, is that it's impossible to predict. The value of any personal injury claim depends upon many factors. Some of these factors are relatively straightforward: What is the nature of the injuries? How long will it take for them to resolve? How much treatment will be required? How much are the medical bills? Was there wage loss? Were there other expenses necessitated by the injuries?
Other factors are not so easy to calculate. These non-economic damages, commonly referred to as "pain and suffering" refer generally to the impact the injuries had on the injured person's life.
In Washington, non-economic damages which can be awarded are defined as "subjective, nonmonetary losses including, but not limited to pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation, and destruction of the parent-child relationship."
Of course, not all of these elements exist in every personal injury case, but each element is distinct and important, and each must be considered when determining the value of a claim.
Jurors are given very little direction in determining the value of a person's non-economic damages. In fact, this is what they are told:
"the law has not furnished us with any fixed standards by which to measure noneconomic damages. With reference to these matters you must be governed by your own judgment, by the evidence in the case, and by these instructions."
Because of the wide range of non-economic damages available and the vague standard by which they are applied to any given case, they are given a wide range of values depending on who you talk to. You can be sure that the insurance company does not want you to know that you have a right to recover for all of these factors. They will do everything they can to minimize your recovery.
To maximize your recovery for non-economic damages, as well as to get a full recovery for your economic damages, you need an experienced attorney who knows your rights and has the respect of the insurance companies. At the Law Office of Matthew Dubin we know that your claim is about more than money. Its about your life and how it was turned upside-down as a result of the carelessness of another person. We will work to maximize your recovery and to make sure that all of your rights are protected in the process.
If you have any questions about non-economic damages, or about any aspect of a personal injury claim, please check our web site or send me an email.
Also, please become our fan on Facebook and follow us on Twitter @dubinlawoffice
Tuesday, April 20, 2010
Saturday, April 10, 2010
Eulogy for a Best Friend
I know this is a professional blog, but sometimes things happen in my personal life which affect me so profoundly that I have to share them. This is who I am, and I think what makes me so good at what I do. I always remember that my clients are not mere numbers or names on a file - they are real people with real lives. They experience real pain just like I am experiencing now. Our shared experiences provide an essential connection which makes it easy and natural for me to act as their advocate.
In 2002 I injured my back in an auto accident. At exactly the same time, my wife had to leave town to deal with a family matter. I was in severe pain and I needed help. Fortunately, a family friend needed a place to stay and she and her dog moved in. As I slowly recovered from my injury I developed a bond with this young dog named Zoe.
In 2002 I injured my back in an auto accident. At exactly the same time, my wife had to leave town to deal with a family matter. I was in severe pain and I needed help. Fortunately, a family friend needed a place to stay and she and her dog moved in. As I slowly recovered from my injury I developed a bond with this young dog named Zoe.
As it turns out, the friend was about to embark on a year of travel and needed to find a home for Zoe. Beth and I had been thinking about getting a dog, and the timing worked out perfectly. Zoe became a member of our family joining our 2 year old cat Baby.
Through the years since then, Zoe has been a constant companion - joining me on long hikes and camping trips, runs through the neighborhood and around Greenlake, and quiet times at home. She always greeted me at the front door when I got home from work with "the Happy Dance" and was eager to go for a walk or even a ride in the car. Either way, for her it was an adventure.
A few years ago, Zoe started slowing down. Jogging with her became difficult, and she would want to turn back or stop during hikes. I thought she was just getting older. Then we noticed that her eyes were twitchy in the morning. After seeing this a few times, we took her to the vet, who noted that her blood glucose level was dangerously low. He conducted more tests and ultimately gave us the bad news.
In April 2009, Zoe was diagnosed with cancer of the pancreas. The tumor was called an insulinoma, which means as it grows, it releases increasing amounts of insulin into her bloodstream. The vet suggested surgery, but this type of tumor is aggressive and it almost always recurs. The estimated life expectancy from diagnosis is about 45 days without surgery and about a year with surgery.
We opted to spare her the pain of surgery and recovery and to treat the condition with diet. We began to feed her a high protein, complex carbohydrate diet every 4 hours. The next weekend I took Zoe on an overnight backcountry camping trip. We stopped frequently for feedings, but we both had a great time. It was to be her last camping trip.
For several months Zoe's condition gradually declined, and it looked like we were going to have to say goodbye around July, 2009. Then Abraham was born. During that first month Zoe and Abraham were on the same feeding schedule, and we did the best we could to keep it together. Sometime during that month, Zoe decided it was her job to make sure the baby was ok. She began to eat on her own, and staked out a spot on the floor next to Abraham's bassinet.
For a while, it was like she wasn't sick at all. Sure, she was gaining weight - she went from 45 pounds to 80 pounds in the last year - but she seemed happy. Some days she was genuinely puppy-like. We took her for walks when she had the energy, and enjoyed time at home when she wasn't up for a walk. However, the reprieve could not last. Over the past several months Zoe's decline resumed. She refused to eat and had to be hand fed. She began having seizures even shortly after eating. The vet had predicted that as the tumor grew we would be unable to overcome the massive amounts of insulin with diet, and he was right. For the last few weeks, despite our constant attention, Zoe had seizures almost every day. She had no energy and did not want to eat even the tastiest treats. It was an agonizing decision, but we realized we had to let her go before it got any worse.
On Friday April 9, we loaded Zoe with cookies and took her for one last trip to the off-leash area at
The vet arrived at our house in the afternoon and we said our last goodbyes to Zoe. During the last year Zoe had stopped licking us, but as the sedative began to take effect she repeatedly licked me and Beth on our faces, which were up against hers. I think she finally felt some relief from the pain, and was thanking us for letting her go.
Right now the house seems a little empty without her. The cat is confused and the baby keeps looking for his floor companion. We've explained to him that Zoe is in a better place, but at 9 months old, he really can't understand.
We have experienced the grief of a lost pet before, and we will again. Although this is the hardest part of having a pet, the enrichment they provide our lives is worth going through the loss at the end. Zoe filled our home with life and love, and I will make sure that Abraham grows up knowing and appreciating that experience.
Zoe, you were a wonderful friend and a true member of our family. You were loyal and loving and you made our lives immeasurably richer. We will miss you more than words can say. I hope wherever you are there are lots of squirrels to chase. Be at peace. You deserve it.
Tuesday, March 30, 2010
Don't Speak to the Insurance Company
A few years ago my Father-in-law was seriously injured in an auto collision. He was immediately taken to the hospital for surgery. The next day, while he was recovering from surgery in his hospital bed and loaded with pain medication, he got a phone call from the insurance company wanting a statement. This is all too common, and many people don't realize that they can refuse to give a statement until they feel better - or refuse to give a statement at all.
If you've been injured in an accident and the insurance company is trying to get you to make a statement, or if they are trying to get you to sign anything, call a lawyer - even if you think its a simple case. You have rights that the insurance company will not tell you about.
If you have any questions regarding your legal rights after a motor vehicle collision, or about any aspect of a personal injury claim, please check out my website or send me an email.
If you've been injured in an accident and the insurance company is trying to get you to make a statement, or if they are trying to get you to sign anything, call a lawyer - even if you think its a simple case. You have rights that the insurance company will not tell you about.
If you have any questions regarding your legal rights after a motor vehicle collision, or about any aspect of a personal injury claim, please check out my website or send me an email.
Tuesday, March 23, 2010
Please - Be Careful Out There
As a pedestrian, just because you have a "walk" light or a painted crosswalk doesn't mean it's safe to cross the street. If you step in front of a moving vehicle, even if that vehicle has a red light, you will carry a share of the blame for your injury. Please, be careful! Look both ways and make sure it is safe. "Right of way" is a legal concept and it won't save you from serious injury.
A few years ago I got a phone call from a woman who told me she was crossing the street in the crosswalk, with the light, and was hit by a Metro bus. I asked her to come in to discuss the case, and we obtained the police report. The report named several witnesses. When I called the witnesses they all said the same thing: The light had in fact changed, but the oncoming bus was in the middle of the intersection. When the light changed, she immediately stepped into the street RIGHT IN FRONT OF THE ONCOMING BUS! Fortunately, the woman was not seriously injured, but I had to decline the case.
Washington is a "comparative liability" state. That means each person involved in a collision is responsible for their share of the fault. In the above example, even though the pedestrian technically had the right of way, logic tells us that she was almost entirely responsible for the injury.
Our roads are dangerous. Drivers are angry and aggressive. Everyone is in a hurry. Please, take the time to insure your own safety before stepping into traffic. Your health and the welfare of your family is worth it.
If you have any questions about pedestrian accidents, or any kind of personal injury claim, please visit my web site or send me an email.
A few years ago I got a phone call from a woman who told me she was crossing the street in the crosswalk, with the light, and was hit by a Metro bus. I asked her to come in to discuss the case, and we obtained the police report. The report named several witnesses. When I called the witnesses they all said the same thing: The light had in fact changed, but the oncoming bus was in the middle of the intersection. When the light changed, she immediately stepped into the street RIGHT IN FRONT OF THE ONCOMING BUS! Fortunately, the woman was not seriously injured, but I had to decline the case.
Washington is a "comparative liability" state. That means each person involved in a collision is responsible for their share of the fault. In the above example, even though the pedestrian technically had the right of way, logic tells us that she was almost entirely responsible for the injury.
Our roads are dangerous. Drivers are angry and aggressive. Everyone is in a hurry. Please, take the time to insure your own safety before stepping into traffic. Your health and the welfare of your family is worth it.
If you have any questions about pedestrian accidents, or any kind of personal injury claim, please visit my web site or send me an email.
Monday, January 18, 2010
My Facebook Account Was Hacked
I awoke on Saturday morning to the alarmed emails and telephone messages of friends and family who were concerned for my well being. Apparently, overnight someone had hacked my Facebook account and started messaging my friends that I had been robbed at gunpoint and was stranded in London. These messages asked my friends to transfer money to a Matthew Dubin in London and gave a specific physical address and email, neither of which were mine.
I have never been to London.
I immediately logged into my Facebook account, updated my status to reassure my friends and changed my password. With my Facebook account secure, I thought all was well and settled into a relaxing weekend of babyproofing the house and watching the Jets move onto the AFC Championship game. After the game on Sunday afternoon I attempted to log into my Facebook account and...
It had been disabled!
Apparently somebody had reported the scam (a good idea) and Facebook decided to act first and ask questions later. Fair enough, only now I am without a Facebook account, including my new fan page, indefinitely. I have sent Facebook a detailed explanation of the situation and I have secured both my facebook account and all of my emails. I can only hope the Facebook folks will respond quickly and get my account up and running. Until then, you will have to communicate with me the old fashioned way - email! (or twitter @dubaruba)
If there is a lesson to be learned from this tale it is this - SECURE YOUR ACCOUNTS! As inconvenient as it is, use multiple, complex passwords and change them often. Espacially those involving money like banks, credit cards or PayPal. There are very greedy, very creative people out there looking for ways to rip us off.
See you on Facebook - I hope :(
Edit:
Check out this video
and this article on CNN
Update:
After confirming my identity Facebook has reinstated my account. I hear the average time it takes to reinstate a suspended account is 14 days. They got mine back up in 5 days! THANK YOU FACEBOOK! Here's the email I got:
Hi Matt,
We have changed your password and, if necessary, restored your contact email address. Please click the link below to generate a new password for your account:
If you did not already receive a security alert from Facebook, please review the following information.
Our systems indicate that your Facebook account has been compromised by cybercriminals attempting to impersonate you. These criminals often will try to trick your friends into sending them money by claiming that you are stuck in a far away location and in need of assistance. It is possible that your email account was compromised as well, as obtaining access to a victim’s email is one of the primary ways these cybercriminals have been operating. Please take the following steps to ensure the security of your Facebook account going forward:
1. Select a new, unique password for any email address associated with your account, making sure to avoid using the same password for any account.
2. Verify that you control all of the email addresses associated with your account on the Contact Email section at:
3. If you have not done so already, please add a security question to your account from the Account Settings page.
4. Visit the following page for more information about Facebook security and how to report suspicious material:
http://www.facebook.com/security
Finally, if you think you have been victimized by fraud, you can report this to Western Union's fraud hotline by calling 1-800-448-1492.
Thanks for contacting Facebook,
Theodore
User Operations
Facebook
I have never been to London.
I immediately logged into my Facebook account, updated my status to reassure my friends and changed my password. With my Facebook account secure, I thought all was well and settled into a relaxing weekend of babyproofing the house and watching the Jets move onto the AFC Championship game. After the game on Sunday afternoon I attempted to log into my Facebook account and...
It had been disabled!
Apparently somebody had reported the scam (a good idea) and Facebook decided to act first and ask questions later. Fair enough, only now I am without a Facebook account, including my new fan page, indefinitely. I have sent Facebook a detailed explanation of the situation and I have secured both my facebook account and all of my emails. I can only hope the Facebook folks will respond quickly and get my account up and running. Until then, you will have to communicate with me the old fashioned way - email! (or twitter @dubaruba)
If there is a lesson to be learned from this tale it is this - SECURE YOUR ACCOUNTS! As inconvenient as it is, use multiple, complex passwords and change them often. Espacially those involving money like banks, credit cards or PayPal. There are very greedy, very creative people out there looking for ways to rip us off.
See you on Facebook - I hope :(
Edit:
Check out this video
and this article on CNN
Update:
After confirming my identity Facebook has reinstated my account. I hear the average time it takes to reinstate a suspended account is 14 days. They got mine back up in 5 days! THANK YOU FACEBOOK! Here's the email I got:
Hi Matt,
We have changed your password and, if necessary, restored your contact email address. Please click the link below to generate a new password for your account:
If you did not already receive a security alert from Facebook, please review the following information.
Our systems indicate that your Facebook account has been compromised by cybercriminals attempting to impersonate you. These criminals often will try to trick your friends into sending them money by claiming that you are stuck in a far away location and in need of assistance. It is possible that your email account was compromised as well, as obtaining access to a victim’s email is one of the primary ways these cybercriminals have been operating. Please take the following steps to ensure the security of your Facebook account going forward:
1. Select a new, unique password for any email address associated with your account, making sure to avoid using the same password for any account.
2. Verify that you control all of the email addresses associated with your account on the Contact Email section at:
3. If you have not done so already, please add a security question to your account from the Account Settings page.
4. Visit the following page for more information about Facebook security and how to report suspicious material:
http://www.facebook.com/
Finally, if you think you have been victimized by fraud, you can report this to Western Union's fraud hotline by calling 1-800-448-1492.
Thanks for contacting Facebook,
Theodore
User Operations
Wednesday, January 13, 2010
We have a Fan Page on Facebook!
Its the age of social networking, right? So why fight it?
The Law Office of Matthew D. Dubin now has a fan page on Facebook. Here's the link:
http://www.facebook.com/pages/Seattle-WA/Law-Office-of-Matthew-D-Dubin/251840665282?v=wall
If you use Facebook, please become a fan. Feel free to use the page to post comments, questions and/or reviews (but don't forget to review me on Citysearch.com as well).
Of course, for a quick response regarding anything to do with a personal injury claim, please contact me directly. 206-720-1501 matt@dubinlawoffice.com. Or check out the website, which has answers to many of the most common questions as well as general information about me and my practice. www.dubinlawoffice.com.
See you in cyberspace. :)
The Law Office of Matthew D. Dubin now has a fan page on Facebook. Here's the link:
http://www.facebook.com/pages/Seattle-WA/Law-Office-of-Matthew-D-Dubin/251840665282?v=wall
If you use Facebook, please become a fan. Feel free to use the page to post comments, questions and/or reviews (but don't forget to review me on Citysearch.com as well).
Of course, for a quick response regarding anything to do with a personal injury claim, please contact me directly. 206-720-1501 matt@dubinlawoffice.com. Or check out the website, which has answers to many of the most common questions as well as general information about me and my practice. www.dubinlawoffice.com.
See you in cyberspace. :)
Thursday, November 12, 2009
Communication and respect
I can think of few things I hate more than unreturned phone calls. When I call a professional who is working for me, whether it's my CPA, realtor or anyone else, I expect a return call. If they are too busy to answer my question, at least an acknowledgment of my call is the minimum required by professionalism and basic courtesy.
I think this principle is especially true in the attorney-client relationship. This is a special relationship predicated on mutual trust. I trust that my clients are telling me the truth and not withholding important information. My clients trust that I am working diligently to advance their interests. This relationship is nourished by good communication. Unreturned calls can quickly result in resentment, frustration and worst of all, mistrust.
Every now and then I am contacted by a new client who is unhappy with his or her lawyer and wants to hire me. This unhappiness is rarely the result of incompetence or errors on the part of the other lawyer. Instead it is almost always lack of communication. I encourage these people to try to work things out with their existing lawyer and sometimes they do. Other times, the lack of communication has done too much damage to the relationship and the trust cannot be restored.
I have always been committed to responding to all of my client communications within 24 hours, whether the communication comes through email, fax or phone. This is a commitment I make to myself as well as to my clients. I believe this commitment helps me to do my job better and reflects the respect I hold for my clients. There have been times in the past when I have failed to keep this commitment, and the result has almost always been misunderstanding and unhappy clients. To those clients and former clients who have ever felt ignored or disrespected by me, please accept my apologies. You deserve better.
I now publicly renew my commitment to acknowledge all client communications within 24 hours. To my clients, I encourage you to hold me accountable to this commitment. I expect nothing less from the professionals who work for me and you have a right to expect nothing less from me. Without concerns about communication and mutual respect, we can work together to achieve the best possible outcome in your claims.
For more information about how I practice law, or to discuss any issue relevant to a personal injury claim, please check my website: www.dubinlawoffice.com, send me an email: matt@dubinlawoffice.com, or give me a call: (206) 720-1501.
I think this principle is especially true in the attorney-client relationship. This is a special relationship predicated on mutual trust. I trust that my clients are telling me the truth and not withholding important information. My clients trust that I am working diligently to advance their interests. This relationship is nourished by good communication. Unreturned calls can quickly result in resentment, frustration and worst of all, mistrust.
Every now and then I am contacted by a new client who is unhappy with his or her lawyer and wants to hire me. This unhappiness is rarely the result of incompetence or errors on the part of the other lawyer. Instead it is almost always lack of communication. I encourage these people to try to work things out with their existing lawyer and sometimes they do. Other times, the lack of communication has done too much damage to the relationship and the trust cannot be restored.
I have always been committed to responding to all of my client communications within 24 hours, whether the communication comes through email, fax or phone. This is a commitment I make to myself as well as to my clients. I believe this commitment helps me to do my job better and reflects the respect I hold for my clients. There have been times in the past when I have failed to keep this commitment, and the result has almost always been misunderstanding and unhappy clients. To those clients and former clients who have ever felt ignored or disrespected by me, please accept my apologies. You deserve better.
I now publicly renew my commitment to acknowledge all client communications within 24 hours. To my clients, I encourage you to hold me accountable to this commitment. I expect nothing less from the professionals who work for me and you have a right to expect nothing less from me. Without concerns about communication and mutual respect, we can work together to achieve the best possible outcome in your claims.
For more information about how I practice law, or to discuss any issue relevant to a personal injury claim, please check my website: www.dubinlawoffice.com, send me an email: matt@dubinlawoffice.com, or give me a call: (206) 720-1501.
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