Legal Question in Personal Injury in California

filing claims for injuries suffered while a minor

At the age of five my daughter was hit by a car. In additions to scrapes and bruises, her upper lip burst leaving a permanent scar, and the second distal metacarpal of her left hand was broken through the growth plate so that that bone ceased to grow (as a result her knuckles don't line up on that hand and her grip is imperfect). At the time we declined to settlte the case with the other drivers insurance company, and my daughter is now just a couple months from her nineteenth birthday. She would like to know how best to proceed at this point and how to evaluate the extent of her disability/disfigurement in dollar terms.


Asked on 2/26/01, 6:58 pm

6 Answers from Attorneys

Jeffrey Zinder Zinder & Koch

Re: filing claims for injuries suffered while a minor

You must file her action BEFORE her 19th birthday. You were very right to wait but now is the time to see an attorney. Cases involving any permenant disfigurement can be very difficult for you to evaluate and can be very high in terms of dollar exposure. I am uncertain if she is left handed and how the condition has affected her functionally as well as cosmetically. Remember that you need to file suit and I would suggest that you see an attorney. If you are in the greater Los Angeles area I would be pleased to meet with you and help.

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Answered on 4/24/01, 9:59 am
John Bisnar Bisnar & Chase, LLP

Re: filing claims for injuries suffered while a minor

Immediately retain a personal injury specialist law firm. Don't wait another week. You have handled the situation, to this point, as I would recommend. By waiting this long you have allowed the injury to mature and therefore your attorney will be in a much better place to evaluate the loss/value.

Without seeing the present condition of your daughter, knowing her exact functional defects, knowing if it is her dominate hand, knowing how she feels and about it and handles it emotionally, knowing who the defendant is, the amount of their insurance, the facts surronding the initial accident, if the defendant is alive and avaliable and so on, I couldn't accurately value your daughter's case.

If this incident occured in California, I would be pleased to provide a free consultation and evlautation. John Bisnar, Senior Partner, Bisnar & Chase LLP, Personal Injury Attorneys & Counselors at Law, www.bestattorney.com, [email protected], 800-956-0123.

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Answered on 4/24/01, 10:43 am
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: filing claims for injuries suffered while a minor

Your question was directed to me as I specialize in Personal Injury law.

Your top priority now is for your daughter to file a lawsuit immediately to protect her claim. In California, the time limit is extended for a minor but once your daughter turned 18, the one year time limit started to run. Your daughter either has to settle her claim or file a lawsuit prior to her 19th birthday. If she does not do that she will loose all of her rights forever concerning her bodily injury claim. The lawsuit also has to be filed in the proper court based on either where the accident took place or where the responsible driver lives.

With the little information you have given, there is no way that anybody can determine the extent or value of your daughter's claim. All prior medical records would have to be reviewed, photographs would have to be taken and your daughter would probably need current orthopedic and plastic surgery consultations. But again, don't let anymore time go by without filing the lawsuit.

You should contact an experienced personal injury attorney in your area and if you happen to be in the Southern California area, I would be glad to give you a free consultation and hear more details of your daughter's case.

Thank you.

Yours truly,

SAM M. EAGLE

LAW OFFICES OF SAM M. EAGLE

10101 SLATER AVENUE SUITE #218

FOUNTAIN VALLEY, CA 92708

TELEPHONE 714- 963-5123

FACSIMILE 714- 964-9993

E-MAIL- WWW.FIRMS.FINDLAW.COM/EAGLELAW007

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Answered on 4/26/01, 8:33 pm
John A. Giffen Law Offices of John A. Giffen

Re: filing claims for injuries suffered while a minor

You need to file right away to protect the statute. The permant injuries you describe I assume are still verifiable and you have recent medical documentation for them. If not you need to get her to a plastic surgeon and get an evaluation or diagnosis of any corrective surgery that could be done and its cost.

It is important that you give the attorney time to review the case before you get too close to the time of filing deadline. Please at least speak with an attorney. I would be glad to give you a referral to a specialist in your geographic area if you would like to call or write me.

800 955 9504, [email protected]

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Answered on 4/24/01, 2:33 pm
John A. Giffen Law Offices of John A. Giffen

Re: filing claims for injuries suffered while a minor

You need to file right away to protect the statute. The permanent injuries you describe I assume are still verifiable and you have recent medical documentation for them. If not you need to get her to a plastic surgeon and get an evaluation or diagnosis of any corrective surgery that could be done and its cost.

It is important that you give the attorney time to review the case before you get too close to the time of filing deadline. Please at least speak with an attorney. I would be glad to give you a referral to a specialist in your geographic area if you would like to call or write me.

800 955 9504, [email protected]

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Answered on 4/24/01, 2:34 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: filing claims for injuries suffered while a minor

She must retain an attorney immediately to protect her rights.

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Answered on 4/24/01, 11:47 pm


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