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AUTO ACCIDENTS
When you are involved in an auto accident, there are several types of claims that you may be entitled to make. They include:
First-Party No Fault Benefits: These benefits include payment of your medical bills, medically related mileage, wage loss, prescriptions, household services replacement, attendant care, and the like. Normally these benefits are provided by your own automobile insurance carrier. If you do not have auto insurance of
your own, there are other insurers that you may be entitled to file such a claim with.
Third-Party Tort Claim: Such claims are made against the negligent or at-fault driver and their insurance company. If the negligent person is not insured, there may be other avenues of recovery for you.
If a government-owned vehicle or a drunk driver is involved, there may be additional claims you are able to make.
DOG BITE CLAIMS
If you or your child are attacked and bitten by a dog (or other domestic animal), you may have a claim against the owner or person who has kept the animal on their property.
It is important to investigate what insurance coverage exists, including coverage for payment of medical bills.
MALPRACTICE CLAIMS
Laws governing malpractice have undergone drastic changes in the last few years. Changes made as part of "tort reform"and appellate cases in this area of our law have reduced the number of viable medical malpractice claims that can be pursued.
It is not sufficient that a doctor commits an error; in addition to committing an error in your medical treatment, that error must lead to very significant medical consequences for you. If the mistake or error is caught and corrected, you may not be able to pursue a claim.
PREMISES LIABILITY CLAIMS
If you are injured on someone else's property, it must first be determined what your"status" was on the property: were you an invited guest? A business customer? Or a trespasser? Each has it's own legal definitions giving rise to what rights and remedies are available.
Each fact situation is different and must be analyzed in the context of all of the facts surrounding the incident.
TIME LIMITS
Statutes of limitations—a time limit beyond which you cannot sue—apply to all civil claims. You should always check with us to determine what time limits apply to your fact situation.
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Auto Accidents
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3 years
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Claims against the responsible/at-fault driver
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2 years
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Claims against a licensed provider of alcohol
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1 year
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First-party benefit claims (for payment of medical bills, mileage, wage loss and the like from your own auto insurer)
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Dog Bites
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3 years
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For Adults; Minors have until their 19th birthday
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Medical Malpractice
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2 years
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For Adults
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If the malpractice occurred in regard to a child, and that child has not reached 8 years old, that child will have until his/her 10th birthday, or 2 years, whichever is longer
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There are also extensions for death, discovery of malpractice (if you didn't know about it within 2 years) and other reasons
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Premises Liability Claims
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3 years
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For Adults.
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Minors have until their 19th birthday
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