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.

Also, please become our fan on Facebook and follow us on Twitter @dubinlawoffice

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.

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 Magnuson Park. She waded in the beach for a bit, then sat and watched the other dogs. This was always one of her favorite spots. The day had started out cold and gloomy, but as time passed the sun burned through and it turned into a beautiful day.

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.