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Old Baseball Injury

  • Thread starter Thread starter RsMom
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RsMom

Guest
My Son was injured 24 years ago In AZ. on a minor baseball league. They covered some medical but now he has some disabilities due to the injury which is resulting in loss of pay at work. My question is.. could he reopen that case? Please need a rsponse.
Thank you
 


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prairielaw3

Guest
You would have to check with AZ counsel but all states have statutes of limitations that generally cover the time limit within which claims must be brought or the claim is forever barred, regardless of how otherwise meritorious it might have been. While some states have special rules when minors are injured, the general time to bring claims can be as short as one year in some states to two to three years after minority ends. See an attorney to determine if there any special rules in your state that may alter this, but considering the time passage, it is doubtful. As your post asked if the claim could be reopened, I also wonder if that means there was a claim brought when the injury occurred? If so, and if a release was signed, that could also make a claim not possible, as while there are limited exceptions, generally a once a release signed a claim cannot be reopened later.

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George H. Senteney
http://www.prairielaw.com
 
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RsMom

Guest
Thank You for replying. When I asked about reopening the claim...it was only for medical and never signed a release. We never filed suit which was a mistake at the time was only concerned about the medical problems which they did cover. We just need advice if he should seek some kind of compensation now at this time being, all the problems he is having from the old injury now.
 
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prairielaw3

Guest
Seek the consult of an AZ attorney to be sure, but the statute of limiations problems may still remain. Good luck to you and your son.


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George H. Senteney
http://www.prairielaw.com
 
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The Legal Shoppe

Guest
Was your son employed by a professional baseball team, or was this just an amateur league? Was there a workers compensation claim filed and were benefits paid?

Arizona only permits workers compensation claims to be filed within one year of the injury. However, if the claim was made within one year and later closed, it may possibly be reopened. Contact the Industrial Commission of Arizona with questions on how to reopen the claim.
 
R

RsMom

Guest
My Son was 13 when this occured...it was a amature league. His injury was very serious and they did cover the medical expenses at that time. We since moved from the State and he has had many problems due to his injury and also has a prominent limp. Does he need to contact a AZ council or can he see a local one? I do appriciate any advice.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Your son's right and opportunity to bring an action, if one was even available, ended 2 years after he turned 18.

Read the following Arizona Statutes:

12-542. Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation
Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:
1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.
2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.
3. For trespass for injury done to the estate or the property of another.
4. For taking or carrying away the goods and chattels of another.
5. For detaining the personal property of another and for converting such property to one's own use.
6. For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer.


12-502. Effect of minority or insanity
If a person entitled to bring an action other than those set forth in article 2 of this chapter is at the time the cause of action accrues either under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the period limited for commencement of the action. Such person shall have the same time after removal of the disability which is allowed to others.


12-641. Persons who may maintain action for injury to child or ward
Either parent may maintain an action for the injury of a child, and a guardian may maintain an action for the injury of his ward.


12-581. Definitions
In this article, unless the context otherwise requires:
1. "Bodily injury" means bodily harm, sickness, disease or emotional or mental distress, including death resulting from any of these conditions at any time, sustained by a person.
2. "Claimant" means a person suffering bodily injury, a person claiming on behalf of or as a result of bodily injury to another person, the representative of the estate of a deceased person or a beneficiary of a wrongful death action.
3. "Costs of health care" means medical, custodial, rehabilitative and related expenses.
4. "Economic loss" means pecuniary harm for which damages are recoverable.
5. "Future damages" means economic loss and noneconomic loss arising from bodily injury which accrues after trial of a claim under this article.
6. "Noneconomic loss" means nonpecuniary harm for which damages are recoverable but does not include punitive or exemplary damages.
7. "Past damages" means economic loss and noneconomic loss arising from bodily injury which have accrued before a claim is tried under this article, including punitive or exemplary damages.
8. "Qualified insurer" means an insurer, self-insurer, plan or arrangement approved by the director of the department of insurance.


IAAL


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