San Francisco, CA asked in Personal Injury for California

Q: I suffered a knee injury from a slip and fall incident at a public transportation station in San Francisco, CA.

My insurance covered the medical bill and no personal property was damaged. I did, however, lose two days pay due to the injury. The transportation system turned my claim over to a litigation specialist and they refuse to speak to me other than one email explaining they were investigating and I would hear something in 6 months.

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3 Lawyer Answers
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: That seems to be an unfair play by the transit authority. You have 6 months to file a Tort Claim, or your potential to recover any damages is probably extinguished. Here is a link to a claim form that I suspect is the proper entity: http://www.actransit.org/wp-content/uploads/Claim-for-Damages-Form-FINAL-1-23-13.pdf You don't have to use a particular form, but the information requested by the form complies with the requirements of the Government Code, so if you don't use the form, at least include all of the information sought therein. Once the claim is denied, you can then file suit in Small Claims, or file a full fledged lawsuit. If your injuries are serious, you would be well served by getting a consultation with a PI attorney.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: CONTACT AN ACCIDENT LAWYER IN SF ASAP........

THERE ARE STATUTE OF LIMITATIONS WHICH, IF BLOWN, WILL CAUSE YOU TO NOT BE ABLE TO BRING A CASE.

YOU MUST FILE A TORT CLAIM WITHIN 6 MONTHS AGAINST A GOVERNMENTAL ENTITY....WHICH IS WHAT YOU HAVE DESCRIBED........

REMEMBER JUST BECAUSE YOU FELL DOES NOT MEAN YOU CAN COLLECT. YOU HAVE TO PROVE NEGLIGENCE ON THE PART OF THE DEFENDANT.

Christian Braid Pezzaglia
Christian Braid Pezzaglia
Answered
  • San Jose, CA
  • Licensed in California

A: If your claim is against a public entity, you will likely be required to comply with the 6-month claims statute. You should contact a knowledgeable attorney ASAP to evaluate your claim.

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