Defense Base Act Statute Of Limitations - Or... Is Your DBA Claim Timely? We stand up to the Defense Base Act insurance company that is trying to keep you from getting needed medical treatment and weekly compensation benefits. Best Rated Defense Base Act Attorney - Best Rated DBA Lawyer - DBA Super Lawyer Defense Base Act Attorney Call 619-234-2833 or toll free at 866-963-0540

Defense Base Act Statute Of Limitations

Defense Base Act Statute of Limitations - Is your DBA case filed timely?

"We stand up to the Defense Base Act insurance company that is trying to keep you from getting needed medical treatment and weekly compensation benefits. We can help you get your life back." DBA Lawyer - Bill Turley

Defense Base Act Statutue of Limitations - DBA Lawyer - Bill Turley


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Defense Base Act Statutue of Limitations - DBA Lawyer - Bill Turley

How to Get Your Benefits Under Your Defense Base Act Case

The Defense Base Act is confusing and intimidating. If you are a seriously injured DBA worker you probably have questions and concerns. Before you talk to the adjuster, sign any forms or even hire a lawyer you should check out our extensive coverage on the Defense Base Act. Use our website to research your DBA case.

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Although our offices are located in San Francisco, Los Angeles and San Diego, our Defense Base Act practice is national in scope, and we are handling many cases around the country. Therefore, regardless of what state you're from, we can help you get your life back.


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Defense Base Act Statute of Limitations


Many Defense Base Act workers aren't sure about how much time they have in order to file their DBA claim. Here, a Defense Base Act Lawyer discusses the Defense Base Act Statute of Limitations. As always, if you are a seriously injured DBA worker, we strongly advise you consult with a seasoned Defense Base Act Attorney.


What Is A Statute Of Limitations?

A statute of limitations puts a cap on the amount of time that can pass between the time of your Defense Base Act injury until when you file your Defense Base Act claim. In other words, you only have a certain amount of time to bring your DBA claim, or you may be barred from obtaining DBA benefits.


Defense Base Act Statute Of Limitations

While there are two statute's of limitations under the Longshore Act/ Defense Base Act; the one year statute of limitation is the one you really need to be concerned about. In order to protect your rights you need to file your claim within one year of your date of injury.

The Longshore Act states that the time for filing a claim shall not begin to run until you (or your beneficiary) are aware, or by the exercise of due diligence should have been aware, of the relationship between the injury or death and the employment.

A claim under the Act accrues if you know or should know that the injury is work related, and you know or should know that the injury will impair your earning power. This is the appropriate standard for measuring the timeliness of claims filed under the Defense Base Act.


The Presumption Is Powerful

Most Defense Base Act claims are presumed to be timely. This is very important. Because the 20(b) statutory presumption applies to the timeliness of a claim under the Defense Base Act.

Thus, only by producing substantial evidence, can the DBA insurance company successfully raise a statute of limitations defense under the Defense Base Act. Substantial evidence is evidence that a "reasonable mind" would find adequate to support a particular finding or conclusion. It might be more appropriate to refer to a "reasoning mind" rather than a "reasonable mind" because the inquiry requires evaluation of the judgment used arriving at a finding or conclusion, not the ultimate correctness-or "reasonableness" of that finding.

This is powerful. Again, understand the significance of this. If you are credible and the judge believes you, then you will get the 20(b) presumption in your favor. When you have this presumption, it is a rare case where the employer (read: Defense Base Act insurance company) will prevail. The take away point here is always tell the truth. Because if you do tell the truth, the Judge will presume your claim is valid and compensable.


What Does This Mean In Plain English?

If you don't file a claim within the one year statute of limitations, the Judge will excuse the lack of timely filing if the Judge concludes you did not have enough information - from your employer, the insurance company, your doctors or other sources - to realize you would have a permanent loss in earning capacity.


Disclaimer:

This article is not intended to be legal advice. Your case, situation and/or evidence may differ from those described in this article. I am simplistic in order to achieve clarity. Always tell the truth. If the Judge sees you are not being honest, the Judge will deny your claim. Never exaggerate, fudge or lie.

Defense Base Act Statutue of Limitations - DBA Lawyer - Bill Turley

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DBA jobs can be very, very dangerous. From explosions to snipers to back injuires to riding on the worst roads on earth.

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Valley of the Shadow of Death

"The only way you can put on your body armor is to think that it won't happen to you. The only way you walk into the valley of the shadow of death is to think it won't happen to you. You have to think that injuries only happen to other DBA workers. When you are a seriously injured DBA worker, you probably don't know what to do or where to turn. Call us before you give a statement or sign any forms." Defense Base Act Lawyer - Bill Turley

DBA Lawyer - Bill Turley




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The Turley Law Firm
626 Broadway, Suite 625
San Diego, CA 92101
Phone: (619) 234-2833
Fax: (619) 234-4048
Toll Free: 866-963-0540


The San Diego, California personal injury law firm of The Turley Law Firm serves clients across  Southern California area. We give you straight talk about your legal options. We have handled cases from San Diego to Imperial Beach to Oceanside to Escondido to El Cajon, everywhere in between, such as: Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, Coronado,  Del Mar, Eastlake, Encinitas, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, National City, Naval Station San Diego, North Island, North County, Pacific Beach, Point Loma, Port of San Diego, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San Diego Harbor, Santee, Solana Beach, South Bay, Spring Valley, Vista.

We handle cases across California, including: Riverside County, San Bernardino County, Orange County, Imperial County, Los Angeles County, and Ventura County, Colorado River, Mexico, Cabo, Pacific Ocean and all the Oceans and waterways across California and the World.


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