Son in accident at age 16, now 18

[BettyeC]

What is the name of your state? California

My son was passenger in auto accident with friend at age 16. Friend hit a tree after losing control turning corner. My son was injured. He has lots of med bills. Friend was also minor, 17 at the time, insurance in parents' name. Have not filed suit, was told son has until his 19th birthday to file suit, by my insurance company. The friend's Insurance company was notified, claim was filed. They have simply requested med bills, but have not heard from them, claims adjusters keep changing. His 19th birthday is in couple of weeks. Do I need to file suit before staute runs out, or was that information given even true, that he has until age 19 to file suit against them?

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

My son was passenger in auto accident with friend at age 16. Friend hit a tree after losing control turning corner. My son was injured. He has lots of med bills. Friend was also minor, 17 at the time, insurance in parents' name. Have not filed suit, was told son has until his 19th birthday to file suit, by my insurance company. The friend's Insurance company was notified, claim was filed. They have simply requested med bills, but have not heard from them, claims adjusters keep changing. His 19th birthday is in couple of weeks. Do I need to file suit before staute runs out, or was that information given even true, that he has until age 19 to file suit against them?

My response:

Your son MUST file a lawsuit prior to his 19th birthday. After that, the Statute of Limitations will bar him from ever claiming his bodily injury damages or general damages.

The statute is tolled throughout the child's minority--i.e., until the earlier of the date he or she (i) reaches age 18 or (ii) is emancipated by court order - - then the (former) 1 year limitations period start to tick away, and stops at age 19. At that point, it's all over.

Get on the stick! File the lawsuit!

IAAL

 

[zappy]

Get on the stick! File the lawsuit!

What that means in Plain english......

DO NOT go to work unless its an emergency, Take your vacation, personal days, sick days, THIS WEEK and NEXT....

Make sure the lawyer files ALL the correct paperwork in court and it is APPROVED, by getting a case number.

...Drop all dinner plans , outings, etc, nothing should be more important then making sure it gets done right, way before his 19th birthday.

Again you dont have any time to go to work, if you want to protect your sons rights...now do you?

 

[I AM ALWAYS LIABLE]

Get on the stick! File the lawsuit!

What that means in Plain english......

DO NOT go to work unless its an emergency, Take your vacation, personal days, sick days, THIS WEEK and NEXT....

Make sure the lawyer files ALL the correct paperwork in court and it is APPROVED, by getting a case number.

...Drop all dinner plans , outings, etc, nothing should be more important then making sure it gets done right, way before his 19th birthday.

Again you dont have any time to go to work, if you want to protect your sons rights...now do you?

My response:

Gee, thanks for that explanation of my words. I had no goddamned idea what I had meant by my own words until you came along, Zappy.

And, I'm sure our writer feels the same way. So, we both thank you for your tireless efforts to explain these things to us.

IAAL

 

[HomeGuru]

Hahaha. I thought the explanation was code for "was the driver a redneck and does his 16 year old girlfriend have big boobs."

 

[zappy]

thats funny guys thanks.....

 

[BettyeC]

Thank you Thank you. I was told that, just scared that it may have been 18 and we've missed the boat. Am out of the state that accident occurred, but going there next week. Other thing, need a lawyer in southern california, fontana, cucamonga area. mail me privately, or publicly if that's allowed, if have recommendations. thanks again