Don't Take Chances with Kids' Car Seats

Strapping one's child into the car seat is a regular task for most parents. Unfortunately, even very small children are able to unbuckle themselves, leading to distracted parents behind the wheel - and car accidents.

Researchers at the Yale School of Medicine surveyed 378 parents; slightly over half reported that at least one of their children had successfully unbuckled their seatbelts while in a car seat one or more times. Children as young as 12 months were able to extricate themselves, and 75% of the kids were 3 years or younger. Boys were more likely than girls to unbuckle themselves (59% of boys, as opposed to 42% of girls). As the parent of a 2 year old boy, this doesn't surprise me at all.

More than 40% of kids who "freed" themselves did so while the vehicle was moving. The distraction to parents, as they pull over, reprimand their children, and then buckle them in again, increases the chances of a serious injury 3.5 times. So be sure to double check that your child's seat is installed properly, and that children are fastened securely. If you aren't sure how to do it, most local fire departments will help you make sure its installed correctly.

For more information on child safety, auto accidents or any aspect of a personal injury claim, check out our website, send me an email, or just give us a call at 206-720-1501.

The Guardian Ad Litem - Looking out for the Children

One of the things I love about the law is that we still use Latin. One Latin phrase we use often is "Ad litem" which literally translates to "for the suit". A Guardian ad litem is a guardian, appointed to prosecute or defend a suit on behalf of a party incapacitated by infancy or otherwise. In other words, because a minor is legally unable to file a lawsuit on her own behalf, an adult must be designated to file on her behalf and act in her interest.

Most commonly, a parent can be the guardian ad litem for the purpose of filing a lawsuit and even negotiating a settlement, but when it comes to actually settling the case, the child has an additional safeguard, the Settlement Guardian Ad Litem (SGAL).

The SGAL is usually an attorney, appointed by the Court to review a proposed settlement between an insurance company and a minor to make sure it is actually in the best interest of the child. The SGAL will almost always review the file and interview the attorney, the parent and the minor. He will then generate a report summarizing the case, the settlement and the final disbursement of settlement proceeds and make a recommendation to the Judge. The SGAL will almost always recommend that the Court approve the settlement unless it is grossly unfair, or if the child is still having significant problems, in which case it probably makes sense to wait before settling.

I often find parents are a little put off by the idea of some stranger reviewing their child's claim. They shouldn't be. Most SGALs are well respected attorneys who truly care about the well being of children in our community. Their goal is not to undermine a parent's authority, but to join the parent in protecting the child. When the child is represented by an attorney experienced in children's claims, this process can go very smoothly, and the attorney, parent and SGAL work as a team to insure the child's interests are fully protected.

Ultimately, absent special circumstances, the child's net recovery is placed in a blocked account, which cannot be accessed until his 18th birthday.

For more information about claims on behalf of minors, or for any information regarding personal injury claims, please visit our website, send me an email or call me at 206-720-1501.

Injuries to Kids are Different

There is nothing more heartbreaking than an injury to a child. Sure, all injuries are bad, but it's our job as adults to make sure the kids in our lives are ok. Kids trust that we will keep them safe. When a child gets injured, in addition to the issues surrounding the physical injury, there are emotional implications as well. The parents feel devastated that they somehow let their child down (even when this is clearly not the case). The child may develop irrational fears or nightmares, and may suffer from a loss of trust. All in all, an injury to a child can turn a whole family upside down.

Children often require different medical treatment from adults as well. Often a child will have to be evaluated by a pediatric specialist. The implications of an injury to a child's brain or spine may be quite different from the same type of injury in an adult.

Now throw into that mix the legal complexities of a claim on behalf of an injured child. The law regarding injury claims made on behalf of minors are significantly different from the laws governing adult claims. The time limits may be different. Because the child cannot make a claim in his or her own name, a guardian may need to be appointed to represent the child's interests. The insurance company may be giving you advice that is inaccurate or misleading. If you listen to the insurance company without consulting an attorney who represents you and your child, you may risk losing some or all of your claims. The stress of all of this can be overwhelming when your family is just trying to get things back to normal.

All of these factors make it essential that you consult an attorney right away whenever a child is injured due to someone else's negligence. Children can be injured as a result of negligent supervision at day care or school. They can be hurt, sometimes seriously, in playgrounds or swimming pools. They are often injured in school bus accidents. Any time a child suffers any kind of injuries in one of these situations, you should consult an attorney who has experience handing claims for minors.

At the Law Offices of Matthew D. Dubin, we are committed to looking out for the interests of all our clients, but especially the children. We have extensive experience representing injured children and their families in all kinds of claims including motor vehicle accidents, playground accidents, medical malpractice and more.

For more information regarding injuries to children and the procedures for handling these claims, please visit our website, send me an email at matt@dubinlawoffice.com or just give us a call at 206-720-1501. We'll listen to you and let you know if we can help.

5 Questions to ask a Prospective Personal Injury Attorney

So you've been in an auto accident and you are looking for an attorney to represent you. Good idea. The insurance industry is focused on making sure you don't get a fair recovery, and they are very good at this.

Once again, it is their full time job to make sure you don't get what you deserve - what the law provides. No matter how nice they seem on the phone, or how many years you've been a "loyal customer" paying your premiums month after month, they have no loyalty to you. Claims adjusters are promoted based on how little they pay out. Meanwhile, you already have a full time job and a family to take care of, and you are not operating at 100% since you've been injured.

This is no time to take on the extra stress of trying to handle your injury claim by yourself. You need the help of a qualified personal injury attorney. But there are so many attorneys out there. How do you choose? To start, you can visit their web sites and read as much information as possible. If they have videos, watch them all. Get a feel for the law office and the specific lawyer you are considering and make sure you feel compatible with their values and practice style.

Ultimately, however, you should not hire an attorney to represent you until you have met in person (or at least spoken on the phone if you are unable to meet in person). When you meet, there a certain questions you should definitely ask the attorney and certain things you should be wary of. Here are some important inquiries you should make:

1. Can you give me a roadmap of what will happen in my case?

This is an important question because most personal injury cases take time to develop. Generally, you will need to complete your treatment, or at least reach a medically stable status before it makes sense to begin negotiating a settlement. Then medical records and bills, as well as other information will need to be gathered and assembled. These records are used to provide a compelling demand to the insurance company. If properly prepared, this demand can often result in a decent settlement without the need for litigation. However, often the insurance company will deny the claim or make a lowball offer without any good reason. In such a case, litigation will probably be necessary. Once a lawsuit is filed, there are a number of ways the case could go. Your prospective attorney should be willing to discuss all of the likely scenarios. If he or she cannot or will not engage in this discussion with you, they may not be the right choice.

2. How do you get paid?

This is another very important question. It is important that you understand exactly how the attorney gets paid. Most personal injury lawyers work on a contingent fee. That means they only get paid for their time and work if they get a recovery for you. However, there are usually costs advanced by the lawyer that are paid separately from the fees. Further, there are often events that trigger a change in the fee. For example, many attorneys charge one fee if the case settles without litigation, but a larger fee if a lawsuit has to be filed. If you have any questions about how the attorney gets paid, make sure you get them answered. There should be no surprises at the end of the case.

3. Who makes the major decisions in the case?

Look, a lawyer just can't check with the client every time a letter is sent out. It would take too much time, and that's why you hire an attorney anyway. However, the major decisions should always belong to the client. Should we accept or reject the most recent offer of settlement. Should we place the case in arbitration (which may limit the damages you can recovery) or hold out for trial. Many lawyers act as if the claim belongs to them, not you. Make sure your prospective attorney understands that he or she is working for you - that it's your body that has been injured and it's your money they are trying to recover from the insurance company.

4. Will I be able to speak to my lawyer?

Many big lawfirms employ an army of paralegals to "manage" their clients. I often hear from people who have hired these firms and are disappointed that they can never speak to their lawyer. It's always a paralegal or "case manager". Sometimes this is ok - frankly we lawyers are pretty busy most of the time - but when you need to speak to your lawyer you should be able to. Make sure your prospective lawyer will take your call.

5. Beware attorneys who promise you a big recovery!

This isn't a question, but it is very important. First, there is no way to predict how much you will get - even in a very strong case. Juries and judges are unpredictable and any attorney who promises a specific recovery is just trying to get you to hire them. Second, it is unethical for a lawyer to promise you a specific recovery. We do our best to maximize your effective access to the civil justice system, but ultimately the outcome in every case is uncertain. A lawyer can tell you what he or she has gotten for clients in similar situations, or what has happened in other cases, but that's all. The reality is a lawyer won't take your case on a contingent fee unless they think they will get paid, but even so - there are no guarantees.

In the final analysis, you need to trust your lawyer. Talk to him or her - really talk. Do they know what they are doing? Do they understand how you and your family have been affected by this injury? Will your attorney treat you with respect, or will he treat you like a number? Hiring an attorney is a major decision and should not be taken lightly. Don't be afraid to shop around to find the best fit.

For more information regarding personal injury claims, please visit my website or give me a call to 206-720-1501.

Racing for the Cure

We are racing for the cure in the Susan G. Komen Race for the Cure on Sunday June 5. Join our team! Come out and have fun, get some exercise and help raise money to fight breast cancer.

We'd love to see you there. Click here to visit our team page and sign up.

Meet our Associate

Its been almost a year since we hired Becca LaLiberte as a legal assistant. Although she had already graduated from law school, she had not yet been admitted to the bar and was anxious to get started working in the legal field. Although there were over 200 applicants for this position, hiring Becca was a no-brainer. She was smart, motivated, ambitious and demonstrated herself to be a natural communicator.

Becca graduated from Detroit Mercy Law School in 2009. during and after her time in law school, she has worked in various legal settings, handling issues ranging from bankruptcy to criminal defense. Prior to attending law school, Becca attended Central Washington University where she graduated summa cum laude with a degree in Law and Justice, and was the Captain of the Varsity Women's Soccer team.

Becca started working for us as a legal assistant and immediately made our office operations more efficient. She worked to establish systems to improve our communications with our clients and to manage our case files. Although she excelled in administration and organization, I knew it would be foolish not to utilize her outstanding legal mind for more challenging work.

In December, 2010 Becca was admitted to the Washington State Bar and in January she was formally promoted to the position of Associate Attorney. Since then, Becca has worked on all of our cases and has taken the lead on several cases of her own. Becca is focusing her practice on representing injured people, but expects to eventually expand her practice to include other areas such as wills and trusts and criminal defense.

Becca has a detailed working knowledge of all of our cases and has become an invaluable liason with all of our clients. In the coming months, you can expect Becca to contribute to this blog with thoughts and ideas resulting from her experiences as a new attorney in the filed of personal injury.

So even though she's been with us for almost exactly a year, everyone please join me in welcoming Becca LaLiberte as the first Associate attorney with the Law Offices of Matthew D. Dubin.

Pain and Suffering

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.

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