In January 2018, I was violently thrown in my seat on a speeding bus. The next day I had the worst headache ever. Medical staff told me to take tylenol or go to ER, then booked me to see MD four days later. Was still dizzy day of appt. MD took cervical spine xray, clicked pen and gave me SOMA to which I had bad reaction.
A short time later I was harassed by different driver same bus same route same road point of injury when I supported another passenger who admonished them for speeding. Since then, I have been harassed constantly by drivers including refusing to accommodate my disability and verbal abuse, etc. I have repeatedly filed complaints w. BBB.
In March 2019, I hospitalised with a small brain bleed. I was asked about prev. injuries, described 2018 event. The neurosurgeon stated I had suffered a concussion ("classic"). MRI revealed i have small weakened arteries on my brain (cav mals). My neurologist said it was possible this could have been sustained in bus accident.
Thank you in advance.
Very sorry to hear about this incident. If the bus you were on was a City bus which is likely to be the case, then because the claim concerns a governmental entity in California, you are required to file a California Tort Claim form within 6 months of the accident to preserve the statute of limitations. Because it does not appear that such a claim form was filed, it is likely that the statute of limitations on this claim has lapsed, which would potentially prevent you from seeking compensation for your personal injuries. The same goes for the March 2019 incident as more than 6 months have passed.
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If the bus was owned and operated by a governmental entity (like the MTA in Los Angeles), then you were required to file a claim within 6 months of the incident, or an application for late claim within 1 year of the incident. You are probably barred as to the 2018 matter, and have missed the 6 month deadline as to the March, 2019 matter.
I agree with thre prior attorneys in regards to personal injury matters. If you are attempting to pursue disability discrimination claims, or failure to accommodate, you are not bound by the 6 month claim filing requirement. It's unclear whether you have a meritorious claim of that nature. Consult with an ADA attorney.
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You really need to talk to a local area Personal Injury attorney that is experienced. All of my colleagues have provided you with excellent answers. Follow the advice give. I wish you the very best.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.
Even if the bus company was privately owned, in which case a two-year statute of limitations would apply, depending on the precise month and date of the injury, you will soon be barred from bringing a claim if suit is not filed. If it’s a government entity, unless there are extenuating circumstances for why you did not file a government tort claim within six months, you will have a difficult time getting a court to grant your application to file a claim. Always consult Good personal injury attorney right away. Good luck
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