Wrongful Death—Grieving a Loss that Never Should Have Been

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Life is meant to be lived in the company of our families. The moments we spend with our parents, our children, our husbands or wives—those are the moments that make up a life well-lived. There is no greater heartbreak than the death of a loved one. It can be even harder when a death is unexpected and caused by carelessness. Words left unspoken. Plans broken. Dreams unrealized. 

During these tragic times, it seems unfair that there is often so much added responsibility to the families who have lost when grieving is already too much to bear.  We have been with families through these tough times and have found ourselves questioning how we could best help these families when at times it seems that any help we can give is not enough.   

Sheryl Sandberg, the COO of Facebook, who unexpectedly lost her husband, has recently written a much-needed book addressing many of the things that are left unsaid about tragedy and grieving. The book is called Option B: Facing Adversity, Building Resilience, and Finding Joy. Sandberg not only gives advice for those who are grieving but for those who care about someone who is grieving. There are two pieces of advice that she gives that spoke to me: 1) don't ignore the tragedy because you don't know what to say; and 2) actually do something to help, no matter how small,  instead of simply offering to do anything.

One way that we strive to help our clients is through pursuing wrongful death claims, which can be complicated and overwhelming. We help our clients in a number of ways, including:

1. Protecting them from unwanted communication from an insurance company;
2. Helping them to determine potential claims and how to pursue them;
3. Helping them to navigate opening an Estate; and 
4. Finding available community resources. 

Our goal with every client dealing with an unexpected death is to provide them with reliable counsel and advocacy so that pursuing a wrongful death claim does not become overly burdensome in an already difficult time. 

Bicycle Accidents—What Every Iowa Motorist Needs to Know

When I was a child, my bicycle meant freedom to me. Before we had drivers' licenses, my friends and I would ride our bikes all through our neighborhood. Now my daughter and her friends ride off on their bikes almost every night when the weather is warm(ish). I still love riding my bike as an adult—it is a great way to get outside. 

With spring finally here, bicyclists of all ages are out on the streets, and it is important for motorists to keep an eye out. Bicycle accidents can have tragic consequences, and so it is important for motorists to obey all traffic laws relating to bicycles. Most of Iowa's laws concerning bicycle-motorist safety are found in Iowa Code Chapter 321. Here are a few provisions to keep in mind:

• Drivers are prohibited from steering unreasonably close to bicyclists, including bicyclists that are on the roadway and on the shoulder;
• The same rules for passing vehicles apply to passing bicycles—drivers should only pass bicyclists when it is safe to change lanes; and
• Drivers should avoid following bicyclists too closely. 

For more safe driving tips designed to keep Iowa bicyclists safe click here. 

If your child needs a bike helmet, visit Safe Kids Linn County to find out how to get a free children's bicycle helmet. Also, Ann Brown Legal is a contributor to the Hiawatha Memorial Day Bike Rodeo where they give away bike helmets to the first 50 children. 

Wrongful Death Cases: Why women's lives should be valued equally with men's

Throughout my career, I've represented families who have lost a loved one because of the negligence of another. Whether the result of a car accident, medical malpractice or even criminal conduct, wrongful death cases are important not just to the family involved, but also as a way to make the world safer and hopefully spare another family a similar tragedy.

I've helped families where the victim was male; I've helped families where the victim was female. One disturbing truth that I've discovered is that many insurance companies—even lawyers—will place a lower value on the life of a loved one if the person lost is a woman. 

Insurance companies and defense attorneys make arguments about women's earnings and their role supporting their families, but the truth is that this belief about women's lives is archaic, insulting and ridiculous. I have refused to ever accept this logic when representing families. Children who have lost their mother, husbands who have lost their wives, parents who have lost a daughter—their tragedy should never be devalued because of outdated and simple minded arguments. All lawyers representing families who have lost a female family member should advocate for that family as strenuously as any other family and recognize and honor their loss by rejecting all claims that women's lives are somehow worth less than men's lives. 

“What is a cynic? A man who knows the price of everything and the value of nothing.”

— Oscar Wilde

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.