Winter 2006 Newsletter
December 17, 2006
Aitken * Aitken * Cohn
OVERCOMING ADVERSITY: FORMER CLIENTS LIKE JOHN CHAVEZ CONSTANTLY REMIND US WHY WE
REMAIN DEDICATED TO PERSEVERING ON THEIR BEHALF
Our former client, John Chavez, was recently honored by the Golden West College Foundation at the school’s “Courtyard of Honor” ceremony. At the ceremony, a bronzed plaque with John’s picture was unveiled and pridefully displayed on one of the College’’s “Pillars of Achievement” The plaque commemorates John as a roll model of inspiration and motivation for all to see. All . . . except John.
John Chavez was the victim of medical malpractice. As a result of anesthesia error during routine ankle surgery, at age 24, John was rendered blind (along with other residual injury). The jury trial of John’’s case was complex and lasted several weeks. As is so often the case in the medical malpractice field, the defense attorney and insurance company offered misleading “expert” testimony in an effort to confuse the jury into believing John’s blindness resulted from an irregular pre-existing heart condition. Fortunately, the sophisticated jury was able to see through the illusory defense, and awarded John substantial damages. Wylie Aitken was the lead trial attorney, with Richard Cohn sitting second chair.
That trial was lengthy and difficult; but for John Chavez winning the legal battle was nothing compared to the adversity that he has overcome in the years following his catastrophic injury. At the recent Golden West College ceremony (which both Wylie and Rich attended), John spoke of awakening from surgery unable to see, “learning how to walk again”, and persevering with a positive attitude. When we first met John, we were awestruck by his kind heart and good nature — despite what had happened to him. His attitude never changed.
John was an extraordinary student and athlete prior to his injury. He was involved in two state championships in swimming and water polo. He had just obtained his degree in finance from San Diego State University, and had planned on obtaining his post-graduate degree in business from the same University. He had spent summers as a lifeguard in Huntington Beach. The world was his oyster. One would expect, at a minimum, to hear John express well-justified anger, bitterness and disappointment with this tremendous loss; but John “views” his blindness as an opportunity rather than a disability.
Turning every negative into a positive, John feels blessed to be able to help others with disabilities and is encouraged by spending time doing so. He is active in numerous charities — including his favorite: the annual “Swim With Mike Scholarship Fund” at USC. This year, John (now age 45) swam an amazing 250 miles for the 25th Anniversary Event, demonstrating his physical perseverance and continuing love for the sport. At the Golden West College ceremony, John spoke of how when he swims, he allows his mind to be clear of any negative thoughts — a sort of mental therapy.
In the meantime, John has recently commenced a new business venture with two partners, selling and distributing a variety of medical supplies, gasses and devices. There is simply no doubt that he will be successful, and he is quick to point out that he is equally rewarded by knowing his business is one which helps provide supplies and services to others in need.
John Chavez is a reminder of why we practice law, and gives us the inspiration to persevere daily on behalf of others like him. If John Chavez can find a way to help others, day-in and day-out, then so too can we all. It is an honor to serve individuals and families who have been injured or suffered other catastrophic loss; and the lawyers and staff at Aitken * Aitken * Cohn wish to thank all of our past and current clients for the privilege of representing them. We can only hope that our guidance, advice and counsel has lessened the burdens of those we serve — and we will remain dedicated to continuing to do so.
Don’t Delay In Contacting Your Attorney.
This point cannot be stressed enough. Injured victims are sometimes overwhelmed by the harm they have suffered and fail to seek professional help before it is too late. Consumed by the pain and stress of their injuries victims spend months desperately trying to get their lives back to normal. Others are genuinely afraid of litigation, having never been involved in a lawsuit before.
Be aware that law does not protect individuals who “sleep on their rights.” The clock for filing a claim often starts ticking from the date of the incident. Failure to protect potential claims in a timely manner may forever extinguish your right to bring a suit. The following are some important statute deadlines to keep in mind.
Under California law, any claim against a governmental entity (State, county, city, public school, public hospital, public transport, etc.) for personal injury, death, or damage to personal property, must be presented to the governmental entity within 6 months from the date of the incident.
Decedent Estate Claims:
Depending on the type of suit, claims against a decedent’s estate cannot be maintained unless a timely creditor’s claim has been filed in the probate proceedings. In insurance liability claims, failure from timely filing creditor’s claim may limit recovery to insurance proceeds.
Medical Malpractice Action:
An attorney is required to give a potential health care provider at least 90 days notice of the intent to commence such action.
Professional Malpractice: Legal malpractice, 1 year from date of discovery, to a maximum of four years from the date of the wrongful act.
Medical malpractice, 3 years from the date of the injury, or one year from the date the plaintiff discovers or reasonably should have discovered the injury, whichever occurs first.
- Personal Injury: 2 years.
- Fraud: 3 years.
- Libel / Slander / Defamation: 1 year.
- Injury to Personal Property: 3 years.
- Product Liability: 2 years.
- Contracts: Written, 4 years; Oral, 2 years.
Remember, be proactive and contact your attorney as soon as possible to discuss your case and protect your rights and sources of potential recovery.