Personal Injury Claim in an Indian Reservation Casino...
by Edgar
(San Jose, CA, USA)
My mom had an accident inside an Indian casino in Tuolomne, California. While playing in the slot machine, the chair where she was sitting tipped back and fell down. Because of that fall she was injured and had a hip surgery for a fractured bone.
She stayed in the hospital and in the rehabilitation facility for about 2 months and continued her recovery at home. As a result of the injury, she currently cannot walk without using a walker.
We are contacting several personal injury lawyers to file a personal injury claim for my mom but non of them is willing to handle it because according to them its very tough to deal with the Indian tribal community.
We filed our own claim and the insurance company of the casino received it 2 days after the deadline which is June 30, 2010. The accident happened on January 2, 2010 and the statute of limitation is only 180 days.
We have recently received a letter from the insurance company denying our claim because we did not comply with the statute of limitation. But they also informed us that we have 15 days from the date we received their letter, to file a request for arbitration with a $200 arbitration fee.
My mother does not want to go into this route and wants to write a letter to the insurance company to reconsider our claim and is willing to accept any reasonable offer of settlement amount.
Can she still get a settlement for a personal injury claim that was received by the insurance company 2 days past the deadline of the 180 day statute of limitation? Thanks for your help.
| Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney. |
