Q.
In May 2007, my son was seriously injured in a car accident in Gaju.
He was making a U-turn when a drunk driver caused a serious collision with his car.
The police reported that my son was at fault for the car accident because his U-turn was clearly illegal.
My son's attorney sued the drunk driver's insurance company for damages, but the claim was denied.
The lawyer told me that I needed to pay him my attorney fees before I could file a lawsuit against the other driver.
We couldn't afford to pay the attorney fees, so we decided to drop the case and
my son returned to Korea to recover.
However, my son's condition has worsened and now we can't shake off the feeling of injustice.
I wonder if there is any way for my son to get compensation from that drunk driver.
A.
In certain car accident claims, the victim will hire an attorney,
who will then file a claim against the defendant's insurance company first.
If the defendant's insurance company refuses to pay compensation or sets a low settlement amount,
the client can sue the defendant through a private injury lawsuit.
However, legally, lawsuits must be filed within a certain period of time, otherwise
the right to file a lawsuit is lost forever.
This is called the “statute of limitations.”
In the state, the “statute of limitations” for personal injury
is that if a lawsuit is not filed within two years of the accident, the individual will never be able to sue the defendant for damages.
(For reference, traffic accidents fall under the personal injury law, so the statute of limitations for lawsuits is two years.)
In your case, because your son made an illegal U-turn, based on the police report,
the defendant's insurance company would have either denied the claim or offered a lower settlement amount.
Afterwards, it appears that your attorney requested a retainer fee to cover the costs of the lawsuit in case you did not receive any compensation, as he or she felt that there was no assurance of success.
I feel like if the case had been handled with a focus on the fact that my son suffered serious injuries and that the defendant was driving under the influence, he
might have been able to receive compensation.
Unfortunately, your son’s incident occurred in May 2007, more than two years have passed since the car accident, so
you cannot bring a legal action against the defendant under the “statute of limitations”.
However, there is an exception to the two-year statute of limitations for theft.
If the plaintiff is a minor (under 18 years of age), the statute of limitations does not apply until the minor plaintiff turns 18.
In other words, the statute of limitations for personal injury cases is two years from the date of his or her 18th birthday.
Therefore, if your son was a minor when the accident occurred, you may be able to file a lawsuit now.
Except as otherwise provided above, a judge will dismiss a suit if the time limit for filing the suit has expired.
When a client calls me after they have been seriously injured and the statute of limitations has expired, it is frustrating
as a lawyer to have to tell them that it is difficult for them to file a lawsuit, and
therefore there is nothing I can do to help them.
However, although the statute of limitations on release seems strict and unfair, if there were no time limits for legal proceedings,
the courts would be flooded with legal cases that are years old.
As a result, to ensure that your rights are protected in a lawsuit,
it is imperative that you retain experienced legal representation as soon as possible.
And if the attorney handling your case
fails to file a lawsuit after the statute of limitations has run out, then that attorney is being negligent and
you should hire another attorney as soon as possible.
For reference, in the case of Gaju
- Fraud - 3 years
- Defamation-1 year
- Breach of contract – 4 years in writing
- 2 years verbally
The statute of limitations applies.
Q.
In May 2007, my son was seriously injured in a car accident in Gaju.
He was making a U-turn when a drunk driver caused a serious collision with his car.
The police reported that my son was at fault for the car accident because his U-turn was clearly illegal.
My son's attorney sued the drunk driver's insurance company for damages, but the claim was denied.
The lawyer told me that I needed to pay him my attorney fees before I could file a lawsuit against the other driver.
We couldn't afford to pay the attorney fees, so we decided to drop the case and
my son returned to Korea to recover.
However, my son's condition has worsened and now we can't shake off the feeling of injustice.
I wonder if there is any way for my son to get compensation from that drunk driver.
A.
In certain car accident claims, the victim will hire an attorney,
who will then file a claim against the defendant's insurance company first.
If the defendant's insurance company refuses to pay compensation or sets a low settlement amount,
the client can sue the defendant through a private injury lawsuit.
However, legally, lawsuits must be filed within a certain period of time, otherwise
the right to file a lawsuit is lost forever.
This is called the “statute of limitations.”
In the state, the “statute of limitations” for personal injury
is that if a lawsuit is not filed within two years of the accident, the individual will never be able to sue the defendant for damages.
(For reference, traffic accidents fall under the personal injury law, so the statute of limitations for lawsuits is two years.)
In your case, because your son made an illegal U-turn, based on the police report,
the defendant's insurance company would have either denied the claim or offered a lower settlement amount.
Afterwards, it appears that your attorney requested a retainer fee to cover the costs of the lawsuit in case you did not receive any compensation, as he or she felt that there was no assurance of success.
I feel like if the case had been handled with a focus on the fact that my son suffered serious injuries and that the defendant was driving under the influence, he
might have been able to receive compensation.
Unfortunately, your son’s incident occurred in May 2007, more than two years have passed since the car accident, so
you cannot bring a legal action against the defendant under the “statute of limitations”.
However, there is an exception to the two-year statute of limitations for theft.
If the plaintiff is a minor (under 18 years of age), the statute of limitations does not apply until the minor plaintiff turns 18.
In other words, the statute of limitations for personal injury cases is two years from the date of his or her 18th birthday.
Therefore, if your son was a minor when the accident occurred, you may be able to file a lawsuit now.
Except as otherwise provided above, a judge will dismiss a suit if the time limit for filing the suit has expired.
When a client calls me after they have been seriously injured and the statute of limitations has expired, it is frustrating
as a lawyer to have to tell them that it is difficult for them to file a lawsuit, and
therefore there is nothing I can do to help them.
However, although the statute of limitations on release seems strict and unfair, if there were no time limits for legal proceedings,
the courts would be flooded with legal cases that are years old.
As a result, to ensure that your rights are protected in a lawsuit,
it is imperative that you retain experienced legal representation as soon as possible.
And if the attorney handling your case
fails to file a lawsuit after the statute of limitations has run out, then that attorney is being negligent and
you should hire another attorney as soon as possible.
For reference, in the case of Gaju
The statute of limitations applies.