A 10 year old boy falls from a ladder at his home. His father allowed him to climb the ladder, but had forgotten that a few of the rungs at the top were rotted through. The boy breaks an ankle and leg in the fall and, because he has missed so much school, is left back in the first grade. His injuries heal, but the long term prospects for his ankle are not good. The ankle may have to be permanently fixated at a later stage. The family has both accident and liability insurance. They seek advice from Uncle Gerry, who is a juridical advisor at a home care facility.
Thanks to Uncle Gerry, the family make a claim on the accident insurance, but not on the liability insurance. According to Uncle Gerry, there is liability only on the part of the father and his liability toward a family member is not covered.
Ten years later the ankle does have to be permanently fixated. Uncle Gerry advises the family that any claim of liability on the part of the father has now passed the statute of limitations, even if it was originally covered. The statute of limitations in such cases would be 3 years according to Uncle Gerry.
Wildeboer AVS would have given the family different advice than Uncle Gerry did. After the accident, the family needed a lawyer with expert knowledge of both personal injury law and insurance law. A specialist personal injury attorney is experienced at solving problems that others ignore or don’t even recognise. The family didn’t engage an expert lawyer in this case. And that’s a shame.