Q: Over 2 years ago, bad injury on MTD bus SantaBarbaraCA. In 2 weeks received small check, final settlement, chicanery.
Disabled homeless adult on bus. Feet squashed in bus ramp folding in. Both feet, toes, ankles are now deformed, permanent injury can't drive, swim, bike or work. PTSD. No medical records were secured. Doctor was not contacted. Small check issued by MTD insurance was clearly discussed as initial funds for hotel, medical only, not full settlement. Misled intentionally, confusion, coersion, taken advantage of due to disabled, forced to sign for it in order to get emergency hotels ( homeless) as I could not walk then, and to treat feet, soak, treat indoors. PTSD, fear of buses, ramps, and react to the beeping ramp noise, which is the same as when bus lowers to get in without ramp. This beep is also part of why ramp closing was not noticed as it sounded like bus lowering during accident. SB city street.
A:
Contact a local personal/accident injury lawyer who has experience with that Bus Co.
I assume you did NOT have any representation.
See Arrasmith's answer herein......he sets forth a basis for revisiting the issue.
What is your educational level? Did you read the paperwork? If so, bring that paperwork with you when you meet with a lawyer.
A: It sounds like you've been through a difficult and distressing experience. If you're seeking legal advice or assistance with your situation, it's essential to consult with a qualified attorney who specializes in personal injury cases. They can provide guidance on your rights, options for recourse, and potential avenues for seeking compensation for your injuries and losses. Additionally, they can help navigate the complexities of the legal process and advocate for your best interests. It's important to gather any relevant documentation or evidence related to the incident, including medical records and any correspondence with the MTD or their insurance company. Your attorney can review this information and advise you on the next steps to take. Remember, you don't have to face this alone, and there are resources available to support you during this challenging time.
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A:
Under California law, if you've been injured in an accident involving a public transportation entity like the Metropolitan Transit District (MTD) and believe that the settlement you received was not fair or was agreed upon under misleading circumstances, you have rights that may protect you and allow for recourse. It is important to understand that settlements, especially those signed quickly after an accident without proper legal guidance, may not fully account for the extent of your injuries, future medical needs, or other damages such as pain and suffering, loss of quality of life, and lost wages.
In your case, the fact that you were under duress due to your immediate housing and medical needs, and possibly not fully informed about the implications of accepting the settlement as a final agreement, could be relevant in seeking a reevaluation of your settlement. Misrepresentation, coercion, or lack of clarity in the terms of settlement can be grounds for legal challenges. Furthermore, your disabilities and the circumstances under which you signed the agreement could add significant context to your case, emphasizing the need for fair treatment and compensation that truly reflects the damages and challenges you face.
You should consider reaching out to a legal professional who has experience with personal injury cases, especially those involving public entities, to discuss your situation. They can offer guidance on potential next steps, including whether it is possible to renegotiate the settlement or pursue further legal action based on the specifics of your case, the extent of your injuries, and the impact on your life. It's also crucial to act within the legal time limits for challenging settlements or filing additional claims in California, so timely advice is essential.
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