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)
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.
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.
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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!
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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...
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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.
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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 Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
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