Legal Question in Insurance Law in Virginia

Loss of an eye

My daughter was critically injured in a car accident in 2000. Her injuries included a displaced knee, broken femur and hip as well as head trauma. After many surgeries, she recovered as well as expected and continued on with her schooling. In 2006, her retina detached leaving her blind in one eye. The doctors say it was most likely a result of the head trauma and over the years it pulled apart until it finally detached completely. She has had 6 surgeries on the eye to try to reattach it. The doctor has concluded that her sight will never be restored in that eye. She is only 26 years old so they are putting oil in the eye to help the eye socket from shrinking (mostly for cosmetic reasons) With the oil she can see shadows but cannot make out anything clearly. She was a student on our life insurance during the accident in 2000, in 2006 she had graduated from college was working for a financial institution and now she is working for a different employer. Which life insurance is liable (if any) for the loss of eye benefit? Can you file a claim on a policy you had but do not have now? Also, what is the statute of limitations on such a claim?

Thank you.


Asked on 1/29/09, 11:08 am

1 Answer from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Loss of an eye

Life insurance does not cover injuries, it insures lives and covers a death event. Statute depends on how old she was at time of accident, typically suit needs to be filed before 2 years from date of accident or, if a minor at time, 2 years after turns 18. For coverage, you would look to auto and other policies in place at time of accident. If you did not retain an attorney in 2000 or 2001, you are likely out of luck.

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Answered on 1/29/09, 11:35 am


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