Case Highlights Time Is of the Essence in Fort Myers Injury Lawsuits

by Carmen Dellutri on June 21, 2012

Port Charlotte accident attorneyIn a controversial ruling, the Michigan state Supreme Court recently decided that the victim of a Florida hit-and-run accident failed to qualify for damages because he waited too long to notify his auto insurer. The man suffered brain damage and later died.

As reported by MLive.com, William DeFrain’s State Farm uninsured motorist coverage required him to file his claim with the insurance company within 30 days. When State Farm was notified nearly two months after the deadline, it denied coverage.

Even though DeFrain was in intensive care throughout the 30-day notice period, the court held that this did not excuse him from the requirements of the insurance contract.  It concluded that unambiguous contracts must be enforced as written, and DeFrain’s family failed to show it was not “reasonably possible” to comply with the 30-day notice provision.

As this case highlights, it is important to act quickly following a serious Fort Myers accident. If a loved one has been injured and is still hospitalized, family members may need to step in to ensure that the victim’s legal rights are protected.

The Dellutri Law Group is focused on making bad situations better and putting lives back together. If you or someone you love has been seriously injured in a Fort Myers accident caused by someone else’s negligence, you may be entitled to compensation.

To learn more about your legal options, contact our experienced Fort Myers injury attorneys for a free consultation. 

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