Legal Question in Personal Injury in California
Do I have a case?
In July of 96, my husband was involved in a work related accident, which has left him permantly disabled. He filed a work comp claim thru his employer, and the insurance company denied his claim. He went thru all of the WCAB steps, and was found to be injured on the job. The insurance company of course filed an appeal, and did everything in their power to not pay his claim. Sep 98, I was diagnosed with Panic Disorder, which was a direct result of the emotional distress that I suffered because of the insurance company's denial. My Panic Disorder became so severe, my doctor told me to apply for Social Security Disability, which was awarded to me. I did not know that I might be able to seek compensation ,until my friend gave me this case law information....Krupnick v. Hartford Accident & Indemnity Co. (1994) 28 Cal.App.4th 185,34 Cal.Rptr.2d 39
2 Answers from Attorneys
Re: Do I have a case?
Yes you do have a case. However, there may be a problem with the statute of limitations. You need to get a lawsuit filed if it isn't already too late. You can't have a case, and sit on it until somebody tells you that you have a case.
Re: Do I have a case?
Thank you for your inquiry.
The facts that you have described certainly indicate that you may have a very strong case. However, there are time limitations relative to when you can sue in a court of law. The information you have provided is not adequate for me to determine whether your claims would be untimely at this point. I would strongly suggest that you determine whether you still have the right to sue without delay. Please feel free to contact my office should you desire assistance.
Sincerely yours,
Robert F. Shaw, Jr.
NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com
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