A Safe and Merry Holiday Season: Avoiding Defective Toys

Now that the holiday season is upon us, there are lots of reasons to buy gifts for your loved ones. As you’re purchasing toys for the little ones in your life, it’s important to make sure that you are keeping those in your care safe! Here at Ann Brown Legal, we work with parents when their children are injured. It’s important to think of the many ways children can be injured in the day-to-day, including when they’re having fun! As you’re buying for those that are close to you around this holiday season, be mindful of the gifts you choose.

According to the Consumer Product Safety Commission, over 225,000 children were injured in 2018 by their toys.  As you’re buying toys, there are a few things you can do to screen the products keep your children safe. One general guideline is checking the age appropriateness on the packaging. If you’re buying for especially young children, you should check to see if there are any small parts of the toy that might be swallowed. Check the labels for approval from the Consumer Product Safety Commission or the American Society for Testing and Materials, and check if the toy company has published any warnings. 

You can also be knowledgeable about past cases of recalled hazardous toys. Toys in the past and present have been recalled for a variety of reasons, though there are some common themes in the ways toys have caused significant injuries or death. One mistake made by companies is including toxic chemicals in the toys that are poisonous when ingested (like in the Aquadots toy case.) Buckyballs became famous for it’s hazardous magnets, as magnets can cause significant injury when swallowed. Other common themes are related to heat: for example, early Easy-Bake Ovens were recalled for getting too hot, and some iterations of the Hoverboard were recalled for bursting into flame. (If you want to know about toys which have recalled recently, you can click here for a list of recalled items for 2019.)

As with other personal injury cases, you must prove that the other party (the toy company, in this case) was at fault. If your child has been injured by a toy, it can be difficult to sue the manufacturing company for compensation, as you have to prove negligence. You must prove that the toy you purchased was either defective, improperly designed, or didn’t include sufficient instructions for use or to keep your child safe. 

If your child has been injured by a defective toy and you need a personal injury lawyer, please call us at (319) 826-2250 for a free initial consultation. 

The above information is meant to be helpful, but is not meant to replace the legal advice of an attorney with whom you have an attorney-client relationship.

Lawyer Like a Mother

We are getting ready for Mother’s Day Weekend and I am hoping to spend Sunday being waited on hand and foot by my girls and my husband … or at least getting out of doing the laundry. But I am also reflecting on my mom and on being a mom and thinking about all of the mommas who have impacted me both personally and as a lawyer.

It feels like a cliché to say, “I would not be where I am today without my mom.” But sometimes phrases become cliché because they are universally true. I am not going to list all of the times my mom picked me up or pushed me forward or believed in me—there are too many. She forced me to go to college, encouraged me to go to law school and when the time came, to open my own law firm. When fear of failure held me back, she pushed and pushed with her relentless belief in both me and my idea of a different kind of law firm. She even came out of retirement to be the business manager at this firm, even though she is a bit over qualified.

And becoming a mom, well that has had a tremendous impact on the kind of lawyer I am too. When I first started practicing law, I saw my personal life and professional life as completely separate. But as my career went on and I grew from my failures and successes, I realized that my values, my family, my thoughts and feelings—all the parts that make up my life—were critically important to being the best lawyer that I can be.

I have no doubt that being a mom has made me a better lawyer.

1. It has certainly made me more patient. Without fail, it takes my 12-year-old daughter 30 minutes from the time I announce we have to leave until she is in the car with all items that she needs.

2. Having children is very humbling. All of my flaws, every mistake I make (big or small) my kids are right there to point it out to both me and complete strangers that may be nearby.

3. It has helped me to see what is important. When I represent injured people or families who have lost someone, I am able to better understand what has truly been lost and better able to tell their stories to the jury.

4. It has made me more passionate about what I do. I am inspired to be an example for my girls. I also feel a sense of obligation to do the most that I can to make the world a little better, a little safer, a little fairer.

5. It helps me put my clients’ needs first. Sometimes lawyers make cases about themselves. It becomes the lawyer’s win. But I see my cases as my clients’ cases. It is their story, not mine. While I advise them, ultimately, they make the decisions about their cases. This is something I learned from having children. It is just not about me.

I have represented a lot of moms in both their own claims or claims they brought for their child who was harmed by another. Moms from all walks of life. I have witnessed time and again the enduring love of motherhood. Moms who have spent months in hospitals with their children. Moms working two jobs to put food on the table but who have still managed to make it to every basketball game. Moms who have stood up for their children through cases lasting years or through defense attorneys taking shots at them. Moms showing unbelievable strength, courage and most of all, love for their children.

This last year is the first time I have ever heard the phrase “There is no such thing as other people’s children.” Nothing has ever resonated with me as much as this statement. I want this to be the motto of my life. We should care about all children as if they were our own.

From my mom and being a mom, and from all the moms I have known, I have learned to be courageous, tenacious and compassionate—to lawyer like a mother.

Happy Mother’s Day!

Accidents and Brain Injuries - When to Call a Personal Injury Law Firm

According the CDC, traumatic brain injury is a major cause of death and disability in the United States, but often can be the last injury diagnosed when someone has been in an accident because of other, more obvious physical injuries.

But the statistics about brain injuries are staggering:

1. There are nearly 3 million hospital visits and deaths in the US each year;

2. Nearly 330,000 children are treated for brain injuries each year; and

3. Car accidents are the third leading cause of brain injuries in the US.

Because car accidents are a major cause of brain injuries, in fact car accidents are the leading cause of brain injury in people age 15-44, many people who have suffered a brain injury have a personal injury claim. Oftentimes, a brain injury is not immediately obvious, and a brain injury can occur from a sudden jolt to the head or body even if you didn’t strike your head. The Mayo Clinic lists physical symptoms as including headaches, dizziness, sleep problems and difficulty with speech. Mental symptoms include memory and concentration problems, changes in mood and feeling depressed or anxious.

As a personal injury law firm, we have represented numerous victims of head injury, and their families often describe them as completely changed people.

Personal injury claims for persons with a brain injury require different types of evidence than claims where the injury is easy to see on an x-ray. It’s often necessary to obtain expert opinions from multiple physicians and psychiatrists specializing in brain injury. Equally important are getting as many witnesses as possible who have observed changes in the person because of the brain injury.

Oftentimes, insurance companies do not place a high enough value on what has been taken from someone who has suffered a brain injury. An experienced personal injury law firm can help gather the necessary evidence to help a jury understand just how devastating this injury is.

If you or someone you love has suffered a brain injury through the fault of another and you would like more information about your options, please call our office at (319) 826-2250.

The above information is meant to be helpful but does not replace advice you may receive from an attorney you have an attorney-client relationship with.

Back to School Safety for Our Kids – No Matter How They Get to School

A Perspective From a Parent and a Lawyer For Child Injury

It is back to school time and, at our house, this is a crazy time—getting supplies, meeting new teachers and figuring out a new schedule and how we will make it all work. Parents all across Iowa are dealing with the same stress, including trying to figure out how they are going to get their kids to and from school. Parents have a hard enough time worrying about just getting kids to and from school and they shouldn’t have to worry about their safety on the way. This article is intended to provide some tips for helping your kids get to and from school safely and some information that may be helpful if your child gets hurt while travelling to and from school. Here are a few things to consider to keep kids safe:

Riding a bike to school

Most kids love riding their bikes and for some families this can be a great way for a kid to get to and from school, at least before the first snow fall. Pediatricians agree that it is critical for children to wear a helmet while riding their bikes. Our office donates to a number of events where free bicycle helmets are provided for children who need them. Safe Kids Linn County often gives out free bicycle helmets. On With Life and the Brain Injury Alliance are giving out free helmets at the Iowa State Fair. If you cannot afford a bike helmet for your child and are unable to find a free giveaway, email me at ann@annbrownlegal.com and I will do my best to help. Another precaution parents can take is to make sure your child knows their route to school, including where they should cross each road and has practiced riding that route.

Walking to school

Lots of kids walk to school. It is a good idea to practice your child’s route with them and to remind them to walk on the sidewalk and of safe crossing practices. A number of Cedar Rapids Schools offer Walking School Bus, which is a group of students walking to and from school with one or more adults.

Driving to school

Having teenagers is incredibly stressful and when they start driving parents are constantly worried. One thing to remember is that in Iowa, persons under the age of 18 must have a graduated driver’s license (GDL). These are the levels for licenses in Iowa:

• Age 14 - Learner’s Permit (only drive with adult)

• Age 14½ - School Permit (can only drive alone to and from school activities)

• Age 16 - Provisional License (completed driver’s education and had learner’s permit for one year)

• Age 17 - Unrestricted License (had intermediate driver’s license and been accident free for 12 months).

See the Iowa DMV website for more information. https://www.dmv.org/ia-iowa/teen-drivers.php

Taking the bus to school

Many children take the bus to school. Make sure your child knows the name/number of their bus, the name of their bus driver and where they should catch the bus. If possible, children should wait with an adult or in a group for the bus to arrive. If you have specific concerns about your child on the bus, you should express those to the driver.

Unfortunately, despite all of the precautions that we take as parents, sometimes our children will get hurt on their way to or from school. If your child’s injury was caused by another person, such as a negligent motorist, or a homeowner who did not keep their sidewalk safe, you may want to speak with a lawyer for child injury about claims that your child may have.  A lawyer for child injury can help you understand what potential claims are available and how to bring those claims, given that a child cannot pursue those claims themselves. A child injury attorney will also be able to provide guidance about medical bills, dealing with the insurance company and obtaining court approval for any settlement.

If your child has been injured and you have questions, please contact us at (319) 826-2250 or fill out our contact form.

What To Do If Your Child Is Injured In A Car Accident

Car accidents are among some of the most common child injury cases we see in our office – especially with older or teenage children. If your child has been injured in a car accident, you are likely juggling a lot and may require the assistance of a lawyer. Here are a few steps to keep in mind to arrive at the best outcome after a traumatic car accident.

1)   Actively Pursue Medical Treatment

First and foremost, take your child for whatever medical treatment is recommended, as soon as possible, including emergency room visits, follow-up appointments, therapies and rehabilitations, and more. The first priority must always be your child’s well-being and as a parent you know when your child is not back to normal and needs to continue with medical treatment.  It can be confusing trying to figure out which insurance should be paying your child’s medical bills, but a personal injury lawyer can discuss this with you and sort through how to submit the medical bills for payment.

2)   Decide Whether You Need a Lawyer

Acting on behalf of children can be more complicated than when only adults are involved. A court has to approve any settlement of a child’s claim that is more than $25,000. If your child’s car accident injury is significant, rather than a minor mishap, it may be best to hire a lawyer who can help with the issues that arise in pursuing and settling a child’s personal injury case.  It can be overwhelming caring for an injured child and making sure that the child receives the full value of their claim and a personal injury attorney can help.

3)   Keep Track of Damages

If you find that you need to work with a lawyer, you can rest assured that most of the necessary documentation can be taken care of by the legal team. However, you may want to make the process easier by keeping track of any losses or damages your child experiences. For children, these may include days absent from school, as well as medical bills. Keep a folder of bills, receipts, letters, and other documents you receive to share with the lawyer if you choose to hire one.

4)   Let the Lawyer Do the Talking

In speaking with an insurance adjuster, they may ask you or your child to make a statement to settle the claim. Rarely should you let your child give a statement to the insurance company, and if at all possible, avoid giving one yourself. In many cases involving significant injury with large claim settlements, it’s best if your lawyer speaks with the insurance company.

If you find that you need a lawyer after your child is injured in a car accident, we are here to help. We can walk you through the process and be your advocate with the insurance company and in court. For a free consultation, fill out our contact form or give us a call at (319) 826-2250.

We Stand With The Children Separated From Their Parents and Here is How You Can Too!

I have been watching the news, horrified with the rest of the country, watching as immigrant children are taken from their parents at the US Border. Regardless of your feelings about immigration laws and immigration reform, I think we can all agree this practice has to stop and these babies need to be reunited with their families. 

I practice in personal injury and employment law, but watching this crisis unfold I have wished that I was an immigration lawyer so that I could advocate for these children in court. But these children need experienced immigration attorneys fighting for them and getting them back into the arms of their parents. If these children cannot obtain counsel they could stand in front of judges and represent themselves! There are a number of organizations providing legal advocacy that you can support financially. Our office is supporting RAICES, (Refugee and Immigrant Center for Education and Legal Services), and KIND (Kids in Need of Defense). Below are links to a number of organizations providing legal assistance to immigrant children:

1.  RAICES Family Reunification and Bond Fund;
2. Kids in Need of Defense; 
3. The Florence Project; 
4. The ACLU; 
5. The Young Center for Immigrant Children's Rights; and 
6. Together Rising Love Flash Mob for the Children

Even small donations help. In addition to financial support, these children need you to let your voices be heard. Contact your representatives to let them know that you oppose the policy of separating children from their parents at the border. If you want to learn more about what you can do in the face of this crisis, please read this article from the New York Times. 

THERE IS NO SUCH THING AS OTHER PEOPLE'S CHILDREN. 

Most Common Child Injury Cases

We believe children deserve to grow up in a safe environment, which gives them the freedom to grow and develop to their fullest potential. But sometimes accidents happen. Child injury claims exist to seek justice and to provide for a safer world for all of our children. Here are three of the most common types of injury cases we see in our office.

School Injuries

One category of child injury claims we have brought on behalf of children and their parents are claims against a school for injuries by the child. According to the Iowa Supreme Court, a school acts in the role of a parent while children are present in school. Stepping into the shoes of a parent, the school is then legally responsible for the care and well-being of the children during that time. While a school is not required to prevent every child injury, the school must take the same action that a reasonably prudent parent would. As a child injury attorney, I represent families whose children have been significantly injured because of school negligence.

Lead Poisoning

Unfortunately, another common child injury claim is for environmental exposure to a dangerous chemical such as lead. Lead poisoning is a very common child injury claim – and Ann Brown has represented multiple children who have suffered permanent injuries as a result of lead poisoning.

Iowa has a higher prevalence of lead poisoning than the national average, according to a CDC report, due in large part to a greater number of homes built in the mid 1900’s, when lead was used in paint. Children of families who buy or rent these homes may be exposed to lead through breathing or ingesting particles of that paint. Parents who rent such a home and whose children become lead poisoned may not realize they have a case, but we are here to help them navigate that process and recover damages that can help their child throughout their life.

Car Accidents

Car accidents are a common type of case we see, especially among teenagers. Insurance companies will often try to take a statement from an injured child or their parent, before they have had a chance to speak with a child injury attorney. We can help you deal with insurance companies, file a lawsuit and navigate the additional court process that is required in order to settle a child’s claim for any settlements over $25,000.

The U.S. Department of Health and Human Services has identified the following as the most common types of child injuries: suffocation, drowning, poisoning, burns and falls. If a child suffered one of these injuries because of the fault of another person or because someone failed to adequately supervise the child, a parent should consider speaking with a child injury attorney to discuss compensation for their child and holding responsible parties accountable to prevent future harm to other children.

Child injury claims can be factually, legally and emotionally complicated. We stand with our clients and help them through this incredibly difficult time because we believe all children deserve justice and a bright tomorrow.

If you need a lawyer to represent your child after an injury, please call us for a free consultation at (319) 826-2250 or fill out our contact form.

Girls Who Read Become Women Who Lead

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We are pretty excited here at Ann Brown Legal to be launching our annual charitable initiative we have decided to call Girls Who Read Become Women Lead. Every year we will donate a book that we believe has an empowering message for young girls to each of the elementary schools in the Cedar Rapids Community School District to use in their library. This initiative is near and dear to the hearts of all of us at the firm because we are all avid readers. We are also committed to seeing the girls in our community reach their full potential and believe that providing access to books featuring strong female characters or strong messages for young girls is a step in the right direction.

A recent study conducted at Dartmouth College found that 57% of children's books published in the United States featured male lead characters and only 36.5% featured female lead characters. The researchers found that these disparities "contribute to a sense of unimportance among girls." But many authors and publishers are committed to changing this and Girls Who Read Become Women Who Lead is about making sure that girls in Cedar Rapids have access to these books.

Unfortunately, Cedar Rapids Public Schools are grossly underfunded, which results in limited resources available for expanding, or even maintaining, school libraries. We hope to help in some small way and potentially inspire others to do the same by donating books to school libraries in need.

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This year the book we have chosen is Strong is the New Pretty: A Celebration of Girls Being Themselves, by  Kate T. Parker. The book features amazing photographs of girls playing, fighting, living and loving along with powerful messages from each girl. One message from 12-year-old Kylie is: "Some girls never lose. They only learn and come back stronger." We were inspired by the book and reminded just to be ourselves, and we hope that the girls who get to read the book feel the same. 

 

Happy reading to our future leaders!