QUESTION FOR LAWYER/MEDICAL RECORDS: I be contained by a vehicle twist of fate 5 years ago and not long get my medical files?
To my dismay they noted on the initial report that 'alcohol may have been involved contained by the accident' which was/is an unsubstantiated, baseless claim as i dislike alcohol and have only have more than one or two drinks a couple of times. It was 9 or 10am and i was going to the shore to jog, there be no bottles, can openers, or anything of that nature in my vehicle. The police officer investigating apparently talk to my neighbors, who don't like me for various reason, and one of them told them i was an alcoholic so he repeated it to the hospital staff sometime while i was contained by my weeklong coma from being hit by an ac van. This shows that the officer's judgement was biased, the reality that he was told by my neighbor's that i was an alcoholic influenced his writing of the police report. But, near was no way of me knowing this until i received the med files, does this mean that the 2 year statute of limitations wouldn't apply because of this new info?
Answers:
It does not necessarily mean, logically, that you were inebriated - it may mean the other delegation.
Anyway, it's unclear why or how this could affect limitation.
Limitation (the time inside which an action must be brought) is a defence to a claim.
As next to any defence, it does not operate unless the defendant takes the point.
It does not, hence, without more operate to extinguish a claim.
The defendant is at liberty to waive shortening and they often do in appropriate circumstances.
If the defendant have not expressly agreed to waive limitation, then a claim must be brought inside the limitation period - otherwise the claim runs the risk of mortal struck out on application by the defendant.
Once the claim is issued, the limitation 'clock' stops running. Source(s): Source(s):
I'm a lawyer. if you enjoy a claim running, I assume you have a lawyer. If so, simply address the point to him/her - that should put your mind at rest
If their answer is different to mine, sack them and gain competent ones.
I can't find a question within here.
Are you wanting this information to come out of your medical record?
Judobigdog
Matt M, I'm sorry to hear more or less your situation. I was injured once in Delaware when a assignment truck backed over my left foot at work. My employer attempted to settle near me fast because I knew they be try to get me to sign some papers to release them from responsibility. I called a recommended injury advocate in my city who provided me excellent advice and I be able to get a fully clad settlement to cover my hosptial bills that weren't covered by my primary insurance. I'd suggest you find a accident lawyer within your area. http://www.accidentlawyerlocator.com My injury lawyer be help me because they hope to make some money from any potential suitcase. Try visiting a lawyer to see if they can aid.
Sorry to hear about your situation.
YOU HAVE MET AN ACCIDENT 5 LONG YEARS AGO AND THIS IS THE ONLY TIME YOU GOT YOUR MEDICAL RECORDS AFTER 5 YEARS? How come? What have you been doing in 5 years or where are you within these time surrounded by the mountain, prepably Mojave desert?
SO YOU BEEN CONFINED IN THE HOSPITAL therefore the medical stuff there could hold gotten your blood samples and found out alcohol is within your system, it is impossible medical hospital would cook up something resembling alcohol in your bloodstream if it is not correct. You met an accident 5 years ago. So what is the mete out, you yourself couldn't figure out how the accident transpire in the first place. So I figure you be drunk during those times, right or left? Right! Because if your sober and not drunk that accident wouldn't come about correct? Ah...you lost your brakes. Where did you lost it? In the shop probably.
Your excuse like you were in recent times jogging in the shoreline with no bottles or even can openers or anything is not acceptable excuse. Well to me, if I be I judge I wouldn't accept your excuses because it is irrelevant to the misfortune what does the beach got to do next to the accident, what I want to know is what is your condition when you were drinking the vehicle is much more significant than the things in the beach.
Your statement is NOT EVEN CLEAR, you be HIT BY A CAR or YOU WERE DRIVING A CAR when this accident happen to you? You are simply focusing on the fact that you are not alcohol and you did not drink when you met an accident. Being surrounded by a coma is not a joke. It means you met a alarming accident with severity. You mention the 2-year statute of curbing by merely looking at the number 2 your case is already expired. You met the accident 5 years ago correct? SO WHY ONLY NOW YOU ARE RUNNING FOR THIS CASE? That is the most vital question even if you get one attorney he will ask of you. Why you were in a coma for 5 years and this is the singular time you were out of coma? Impossible. The judge contained by your case would even QUESTION YOUR STABILITY TO BE A WITNESS IN THE CASE, because you met an accident, they are even interview your capacity or your mind to recall or remember this after 5 long years. They will meeting your previous statement 5 years ago and your statement now if they do not match consequently there is something wrong with you immediately, so your lawyer will ask you if you want continuance to your case or drop it.
IF I WERE IN YOUR PLACE, I SHOULD HAVE FILE A CASE IF EVER AFTER ONE OR TWO YEARS OF THE ACCIDENT NOT AFTER 5 YEARS, even your motive of file a case is under fire from the jury and the sort out itself. If I were you I JUST DROP IT. Forget about it and simply live my life, the question is if I still own one that is(life).
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Answers:
It does not necessarily mean, logically, that you were inebriated - it may mean the other delegation.
Anyway, it's unclear why or how this could affect limitation.
Limitation (the time inside which an action must be brought) is a defence to a claim.
As next to any defence, it does not operate unless the defendant takes the point.
It does not, hence, without more operate to extinguish a claim.
The defendant is at liberty to waive shortening and they often do in appropriate circumstances.
If the defendant have not expressly agreed to waive limitation, then a claim must be brought inside the limitation period - otherwise the claim runs the risk of mortal struck out on application by the defendant.
Once the claim is issued, the limitation 'clock' stops running. Source(s): Source(s):
I'm a lawyer. if you enjoy a claim running, I assume you have a lawyer. If so, simply address the point to him/her - that should put your mind at rest
If their answer is different to mine, sack them and gain competent ones.
I can't find a question within here.
Are you wanting this information to come out of your medical record?
Judobigdog
Matt M, I'm sorry to hear more or less your situation. I was injured once in Delaware when a assignment truck backed over my left foot at work. My employer attempted to settle near me fast because I knew they be try to get me to sign some papers to release them from responsibility. I called a recommended injury advocate in my city who provided me excellent advice and I be able to get a fully clad settlement to cover my hosptial bills that weren't covered by my primary insurance. I'd suggest you find a accident lawyer within your area. http://www.accidentlawyerlocator.com My injury lawyer be help me because they hope to make some money from any potential suitcase. Try visiting a lawyer to see if they can aid.
Sorry to hear about your situation.
YOU HAVE MET AN ACCIDENT 5 LONG YEARS AGO AND THIS IS THE ONLY TIME YOU GOT YOUR MEDICAL RECORDS AFTER 5 YEARS? How come? What have you been doing in 5 years or where are you within these time surrounded by the mountain, prepably Mojave desert?
SO YOU BEEN CONFINED IN THE HOSPITAL therefore the medical stuff there could hold gotten your blood samples and found out alcohol is within your system, it is impossible medical hospital would cook up something resembling alcohol in your bloodstream if it is not correct. You met an accident 5 years ago. So what is the mete out, you yourself couldn't figure out how the accident transpire in the first place. So I figure you be drunk during those times, right or left? Right! Because if your sober and not drunk that accident wouldn't come about correct? Ah...you lost your brakes. Where did you lost it? In the shop probably.
Your excuse like you were in recent times jogging in the shoreline with no bottles or even can openers or anything is not acceptable excuse. Well to me, if I be I judge I wouldn't accept your excuses because it is irrelevant to the misfortune what does the beach got to do next to the accident, what I want to know is what is your condition when you were drinking the vehicle is much more significant than the things in the beach.
Your statement is NOT EVEN CLEAR, you be HIT BY A CAR or YOU WERE DRIVING A CAR when this accident happen to you? You are simply focusing on the fact that you are not alcohol and you did not drink when you met an accident. Being surrounded by a coma is not a joke. It means you met a alarming accident with severity. You mention the 2-year statute of curbing by merely looking at the number 2 your case is already expired. You met the accident 5 years ago correct? SO WHY ONLY NOW YOU ARE RUNNING FOR THIS CASE? That is the most vital question even if you get one attorney he will ask of you. Why you were in a coma for 5 years and this is the singular time you were out of coma? Impossible. The judge contained by your case would even QUESTION YOUR STABILITY TO BE A WITNESS IN THE CASE, because you met an accident, they are even interview your capacity or your mind to recall or remember this after 5 long years. They will meeting your previous statement 5 years ago and your statement now if they do not match consequently there is something wrong with you immediately, so your lawyer will ask you if you want continuance to your case or drop it.
IF I WERE IN YOUR PLACE, I SHOULD HAVE FILE A CASE IF EVER AFTER ONE OR TWO YEARS OF THE ACCIDENT NOT AFTER 5 YEARS, even your motive of file a case is under fire from the jury and the sort out itself. If I were you I JUST DROP IT. Forget about it and simply live my life, the question is if I still own one that is(life).
Related Questions: