Representing children is not simply representing small adults

It is particularly devastating when a child sustains a preventable injury. Beyond simply the additional tragedy that occurs when a child is injured, there are also additional legal considerations. I have represented many Iowa children, injured because of someone else's negligence and have found that it is critical to thoroughly understand the law applicable to pursuing a claim and obtaining a recovery on behalf of a child. 

One of the first things to understand is that a child cannot bring a lawsuit on behalf of themselves; the lawsuit must be filed by an adult. Oftentimes, the lawsuit is filed by the child's parents, but when that is not possible, the court will appoint a conservator to pursue the child's claim. Parents of injured children have their own claims, called loss of consortium, that are often brought in the same lawsuit as the child's claim. 

Additionally, if the adult bringing the claim on behalf of the child settles the child's claim for more than $25,000, the court must approve the settlement and in part how the settlement money will be spent. It is critical for children who are receiving public benefits like Medicaid, Social Security, food stamps or rental assistance to have their settlement structured in a way that allows the child and their family to retain most benefits. This is also an important consideration if the child has a mental disability and may need public benefits in the future. 

I have found that money obtained on behalf of injured children has often been life changing for those children. For some of my young clients, it has provided the means for a safe and healthy home; for others, it has allowed them to obtain additional services not otherwise available to the child. Pursuing claims on behalf of injured children is absolutely one of the most important things that I do as a lawyer. 

It's not about me...

Ann Brown Legal 

Over my years practicing as a trial lawyer, every single case has been different, but they all share one simple fact: not one case has been about me. If I am being authentic, I must confess that I like to argue, like to stand in front of the jury, like to win. But victories don't belong to me, they are my clients' and my only role is to tell their story and to stand with them through the process. 

People do not become my clients during the happiest or easiest times of their lives. They need me during times they have suffered great loss or injury or been subjected to injustice. They often come to me overwhelmed, heartbroken or angry - never the best version of themselves, but always the best they can be at that difficult moment in their life.

I have represented all different types of people, many of whom I never would have met but for this job. All of my clients have had their own strengths and their own flaws and every case has its own challenges.  But every one of my clients has been deserving of some form of justice that only the civil court system can provide and that is why I will always choose to stand with families over corporations and people against insurance companies.  

It is a privilege to tell my clients' stories and to help them right injustices. Sometimes I am able to watch my clients come through the difficult time that brought them into my office and get back to the life they love. Some harms my clients have suffered are too difficult to ever overcome, but I hope that obtaining justice helps to lighten their burden. Many of my clients have stayed in touch after the conclusion of their case and I now am able to share in their continuing story.

While no case has ever been about me, I have been impacted by every case I have had. My clients have been a very big part of my story...and I am honored and humbled by it. 

Distracted Driving on the Rise in Iowa

The Iowa Department of Transportation announced that in 2016 the number of deaths on Iowa Roads increased to over 400, after several years of steady decline. "The scary thing for us is, as you take a look, Iowa really had been trending the right way and then 2016 comes along." Patrick Hoye, the Governor's Traffic Safety Bureau Chief told the Cedar Rapids Gazette. While it is difficult to determine the exact cause of the increase in traffic related deaths, it appears the increase is likely due to an increase in distracted driving. 

Iowa already has a law prohibiting texting while driving, but because of the increase in fatalities in 2016, the Iowa Legislature is taking a hard look at possible legislation to address the increase in distracted driving. This could include making texting while driving a primary offense as opposed to only a secondary offense. 

As someone who has represented many people whose lives have been forever changed as a result of car accidents, I realize the seriousness of the risk presented by distracted driving. Whether it is additional legislation or more public education related to distracted driving, it is clear that something should be done to reverse this deadly trend. Four hundred families lost loved ones on Iowa Roads last year and that is 400 too many.