Legal Question in Personal Injury in California

Re: What should we expect to recive over and above medical reimbersment

Since your child is a minor, the one year statue of limitation does not apply yet; it applies when he turns 18. You should expect more than medical expense paid, if the home owner insurance agrees that liability lies with them. The statute of limitations for builders is typically 10 years - sounds like his grandparents have lived there for longer than that, so going after the builder seems futile. Does your son have a scar? Is that injured leg of a different size or length now? The settlement will be required to be put in your child's blocked account and will be available to him when he reaches the age of majority, (18), or if large enough into structured payout. Also, it is likely that your health insurance contract has a 3rd party liability reimbursement requirement. For more information, you are welcome to call. The rule of thumb is that attorneys always more than pay for themselves! The courts have a reduced rate for attorneys for minors.

Re: What should we expect to recive over and above medical reimbersment

Your son has an excellent claim which most knowlegable personal injury lawyers will be happy to take. Make sure that the lawyers agree to limit their fees to 25% and that they will advance all costs on your behalf. Unfortunately some lawyers will try to get more and will not waive costs of unsuccessful. This claim will be covered by the homeowners insurance and will not come out of the grandparents pocket.

Call or e-mail me if I can be of further assistance.

Neil C. Newson

[(310)278-7555 or [email protected]]

Re: What should we expect to recive over and above medical reimbersment

If you could find someone who was legally responsible for the failure of the wall, and if you were willing to sue them, and if they had insurance or assets, you might be able to recover as much as $100,000.00. Probably it would be less. If you are asking what is a reasonable amount to settle for, that depends on many things which could only be evaluated by meeting with an attorney, and having the attorney investigate those things.

Re: What should we expect to recive over and above medical reimbersment

Well unless you have already filed suit you are out of luck. The statute of limitations on a personal injury case in California is 1 year. The suit must be filed within 1 year of the date of injury or the date you discovered the injury.

It would have been a great case against the homeowners insurance but it looks like you waited too long.