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In December of 2011 my hand was slammed in the door of a metro bus. I let the driver know what she had done and emailed the...

Los Angeles, CA |

the incident to metro.net. I recieved a prompt response to my email, requesting additional information. I then, continued to email additional incidents to the carrier to let them know of additional incidents of which I witnessed. At some point the individual corresponding with me gave me a link to the claims department.

I did not complete the form, and am continuing to have problems with my wrist and hand...I am scheduled for an orthopedic appointment October 11, 2012 at 9am...

Whatever the diagnoisis, have I hurt myself in not obtaining the services of an attorney?

The date of the incident was December 16, 2011...Thanks in advanced...Also, I was slammed in their door before, and the pain went away...I just assumed that this would as well...

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Attorney answers 3

Posted

Do you know if the bus that slammed your hand was a city/government bus? If so, you had 6 months from the date if loss to file a claim. This requirement can be stretched but ONLY for good cause.

I suggest you immediately contact a local personal injury attorney to look through all of the documents to see if you have a cause of action. In the meantime, get all the medical help that you need.

While I am an attorney, I am not your attorney. You should always speak with your own attorney to gain full and complete legal advice.

Asker

Posted

I will google the entity but I believe that they are a county entity...Thank-you...

Asker

Posted

Yes, it is the Los Angeles County Metropolitan Transportation Authority...Thanks again...

Scott Richard Kaufman

Scott Richard Kaufman

Posted

Ms. Gokal, do you know of any exceptions related to this email chain wherein the governmental entity seems to drag its collective feet? OR, for an intentional act as opposed to straight negligence?

Alison Swicker Gokal

Alison Swicker Gokal

Posted

I'm not sure I understand your question. Could you elaborate?

Asker

Posted

That is a brillant question...as a matter of fact, the act was intentional...I had to avoid slipping on food debris on the bottom step...my full body was still in the bus...it was my hand and arm that was slammed in the door...Thank-you Mr. Kaufman for catching that...I hope we both recieve a response...thanks in advanced...

Scott Richard Kaufman

Scott Richard Kaufman

Posted

1- I am referring to an intentional tort as opposed to negligence; 2- Dragging feet = equivalent of bad faith negotiation or insurance type claim wherein entity strings consumer along only to see the governmental tort deadline pass. I have no clue, so, I'm just inquiring...

Alison Swicker Gokal

Alison Swicker Gokal

Posted

Under Gov't Code Section 820: (a)Except as otherwise provided by statute (including Section 820.2), a public employee is liable for injury caused by his act or omission to the same extent as a private person. (b)The liability of a public employee established by this part (commencing with Section 814) is subject to any defenses that would be available to the public employee if he were a private person.

Posted

You should immediately contact an attorney to see if you can get leave to file a late claim.

Posted

On Monday of next week, contact an attorney that works on personal injury cases. I am afraid you have let too much time pass but the attorney will let you know for sure!

Good luck!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Asker

Posted

Thanks Mr. Deasy for responding...

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