DWP, LARRY H PARKER & CHIROPRACTOR???

Asked 10 months ago - Torrance, CA

A POLE HAD LANDED ON MY CAR WHILE I WAS IN IT . I HIRED LARRY H PARKER TO REPRESENT ME WHERE HE HAD THEN SENT ME TO A CHIROPRACTOR STATING DWP WAS GOING TO PAY THE MEDICAL BILLS. LARRY H PARKER WAS NO LONGER REPRESENTING ME HAD ANOTHER ATTORNEY AND IN THE END DWP HAD DENIED MY WHOLE CLAIM SO THEN NOW I HAVE THE CHIROPRACTOR OFFICE TRYING TO FILE A LAWSUIT AGAINST ME FOR THE MEDICAL BILLS THAT HAVE NOT BEEN PAID ..IS THERE ANYTHING I CAN POSSIBLY DO??? I CANNOT AFFORD IT AND I TECHINALLY WAS NOT IN THE WRONG AND SHOULDNT HAVE TO PAY... HELP!

Attorney answers (9)

  1. Sharon Paris Babakhan

    Contributor Level 15

    15

    Lawyers agree

    Answered . Take DWP to small claims that way at least you can recover your chiropractor charges. The limitation is $10K for small claims but it may cover your chiropractic charges OR You can file a lawsuit against DWP (if one has not been filed yet and you are not beyond your statute of limitation)

  2. Alan Ray Barnes

    Contributor Level 18

    15

    Lawyers agree

    Answered . In most situations you are personally liable for your medical bills. The chiropractic liens I am familiar with only defer payment; the patient remains responsible.

    If possible, you need to find an attorney who will litigate the claim against DWP. Do not delay in doing so - when bringing claims against government agencies the time frames are shorter that when suing private parties.

  3. Fernando Davin Vargas

    Pro

    Contributor Level 15

    14

    Lawyers agree

    Answered . DWP is a government entity. Therefore, you have a six month statute of limitations to file a claim or your lose your rights. You do not indicate the date of loss or the amount of your medical bills. Consult with an attorney about your case immediately. Most lawyers provide free consultations.

    Information posted or made available on or through the Site, including without limitation any responses to legal... more
  4. David Herman Hirsch

    Contributor Level 20

    13

    Lawyers agree

    Answered . The time frames are a bit unclear to me. If you filed a claim with DWP and they sent you the proper denial letter under the Tort Claims Act with the required statutory warning language you then have six months within which to file suit. If no such letter was sent the statute of limitations period is one year. So, if you no longer have an attorney but believe you have a claim that has merit, find another attorney to pursue it. Also, you could file suit in small claims court and pursue it yourself to recover for your damages and injuries, subject to the limited amount you can recover in that process. Otherwise, you may end up stuck paying for the medical treatment yourself...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. . That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

  5. Richard Marc Katz

    Pro

    Contributor Level 16

    11

    Lawyers agree

    Answered . When did this incident occur? DWP requires a governemnt claim to be filed, within 6 months. Was claim filed? Was a lawsuit filed? With respect to the chiropractic bill, you are generally responsible for those charges, did you have medical payments on your auto policy? If so that should cover some or all of your bills. If you have such coverage, the doctor may accept the same as payment in full. Did you have health insurance, if so the chiropractic bills should be submitted for consideration/payment.

    You have not provide enough facts about the incident for me to comment on liability. You should discuss that with your attorney or former attorney.

    As a practical matter, if you have no auto medical payments coverage and no medical insurance coverage, perhaps Mr. Parker can talk the chiropractor and ask him to waive or write of those charges, since Mr. Parker sent you there.

    You may wish to consult a local attorney about your claim and options.

    Good Luck

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more
  6. Michael Shemtoub

    Contributor Level 17

    9

    Lawyers agree

    Answered . I live and work in California and deal with accidents like yours, so I am happy to answer your question. The answer to your question is your gut instinct is right!! The fact that they are denying your claim based on the information that you gave me does not seem fair, but by yourself you're unlikely to get a high settlement... I'm not sure what happened to your prior attorney, but you should seek a second opinion because there are some weird facts in your case regarding the pole. You should definitely hire an attorney to get the maximum amount possible. Regarding pain and suffering, you need to speak to an experienced attorney that can strategize your case. Just because you were in an accident doesn't mean you have pain and suffering, at least thats what the insurance companies think. Make no doubt about it you have a great case, but you need help from a professional. You are entitled to your medical bills being covered as well. You should be filing a claim, but you should do it through an attorney. Whenever someone makes a claim against an insurance company the insurance company usually gives you a very difficult time. I've seen insurance companies lie to their own insured before!

    Do you feel that you are at the same medical condition that you were before the accident? As a basic premise I wouldn't handle your claim by yourself. The attorney you hire can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case. There is no upfront cost to hire an attorney.

    With a case like yours it seems like you have some good facts in order to get a high settlement, but your case definitely needs to be developed further to corroborate your story. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled many of these cases in the Torrance, CA area.

    Its very possible that your case is worth more than the $$$ that the insurance company will offer you by yourself. Make your life easier and call an attorney today, you won't regret it. We give free consultations!

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  7. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Do not worry about DWP denying your claim. A Governmental entity does that in a pro forma basis. If you have a good case, where a utility pole fell on you while you were on it, absent an act of God, you may be able to recover. However, there are some loophole you need to be aware f. One of them is the Statute of Limitations. If your filed your claim with the City on a timely basis, then you are covered. Next is whether you received your letter of denial. If so, then you have six months from the time of denial to file your lawsuit. These deadlines are unforgiving and are seldom set aside. So, do not procrastinate. Talk to a local lawyer in your city. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  8. Christopher John Gansen

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . This question cannot be answered until we know the date the injury took place.

  9. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Against the rules to post names on Avvo

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