Have an Insurance Claim? Contact your attorney early!
Our office recently provided a newsletter regarding the importance of early contact with an attorney. Here is a summary of the newsletter you may find interesting. If you are interested in getting on the newsletter list, just simply go here and submit your name and email.
Statute of limitations and Minors
A recent case emphasizes the importance of early contact with an attorney. In general, for personal injury cases there is a 2 year statute of limitations. However, for minors (those under age 18), the statute does not begin to run until they turn 18. That is, if they are injured when they are 12, they will have up to the time they turn 20 (or 8 more years) to file their lawsuit.
Exceptions with Uninsured Motorist Claims and Undersinsured Motorist Claims
However, this does not apply in the context of an Uninsured Motorist Claim, or Underinsured Motorist Claim. In the recent case of Blankenship vs. Allstate, a 13 year old boy was injured in an accident. An Uninsured Motorist Claim (UM) was involved. The Insurance Code has specific requirements to present a UM claim, requiring things to be done within 2 years of the accident. Most people would think that since the injured person was a minor, that therefore the minor has 2 years after he turns 18 to do these things. However, the court disagreed, and concluded that since the minor did not do the things required by the Insurance Code to present a UM claim within 2 years of the accident, that that statute of limitations had run, and therefore it was too late for the minor.
Too often we see clients waiting on Uninsured Motorist Claims, or Underinsured Motorist Claims, thinking that their insurance company is working with them, and will assist them in the claim. This is not always the case. When clients wait, hoping to rely on their insurance company to help them, they often end up losing some of their rights to recover.
If you or a friend, or family member, have been injured because of any event, and would like to discuss your rights to recover from the party that caused the injury, please feel free to contact our office. There is no charge for the call or consultation.
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Elder Abuse Case, Bates vs. Presbyterian Intercommunity Hospital
Under certain provisions of the law, located at Welfare and Institutions Code §15657 (often referred to as the Elder Protection Act), a prevailing party in an Elder Abuse case can recover attorney’s fees, and costs. A defendant, however, is not permitted to recover these under this Act.
A recent California Supreme Court case addressed the liability of a school district for the sexual abuse/misconduct allegations against a school counselor in C.A. vs. Hart Union High School District. In this case the plaintiff/student alleged that the school district was liable for the conduct of the counselor.
Personal Injury Newsletter – August 2011
In Howell vs. Hamilton Meats, the Supreme Court held that an injured party could not recover the amount of the medical bills that were billed, only the amount that was paid.
