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filing a claim

Discussion in 'Small Claims & Municipal Court' started by william50, Jan 28, 2011.

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  1. william50

    william50 Law Topic Starter New Member

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    I going to take an ambulance company to small claims. I live almost 500 miles away from defendant's home town ,and where the incident occurred .My question is .Can I file the claim in the city I live in, or is it mandatory for me to file the claim were the defendant lives and were the incident occurred in order to take him to court?
     
  2. Proserpina

    Proserpina Moderator

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    No, you must file where the defendant is.

    Now - can you give us more details as to why you think small claims court is the appropriate venue?
     
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  3. william50

    william50 Law Topic Starter New Member

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    Thank you ,That info is very helpful .
    And to answer your question.Well ,I figure that if I go with filing through small claims I could possibly be able to get this monsters medical license pulled .Or the Judge could move the case to a hire court.I really have no idea ,as I'm sure you already know.But I must do something !.And I'm not comfortable in hiring a lawyer 500 miles away.Specially when I have no money.Ive hired 2 different attorneys through out my life and both were strait crooks who did nothing .Another reason is I'm not looking for a big payoff although I have a good case .I have two Police officers who witnessed his wicked ways and will testify.Anyway, This isn't about getting money for me,although i wouldn't turn it down.This paramedic and or EMT needs to be stopped before he kills someone .Believe me when I say "I thought he was going to kill me".And no I'm not kidding! I'm know disabled and nit mares still haunt me although there not so many as before.I'm all worked up again,sorry. (I'm gonna take a break.) OK , I'm guessing this is were you tell me that small claims court doesn't take medical licenses away or things like that.
    If thats the case ,what should I do. I figure small claims is a start,its something.The 500 mile trip is going to take more money then I have .But Ill borrow it if I have to.
    I've rambled on enough, and I sincerely apologize.
    I'm going to end this letter by saying thank you so much for your earlier reply. And I hope to see your reply .
    Again Thank you Proserpina
     
    Last edited: Jan 29, 2011
  4. mightymoose

    mightymoose Moderator

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    Small claims will only award you some amount of money, nothing more. If you feel you have been injured in some way then decide on an amount you feel is appropriate and you can justify in court that is within the court's limit. Otherwise, you need to file in the civil court.

    You still have not said what happened. Why do you feel you need to sue the ambulance company?

    So far, it sounds like your best option is to forget about it and move on. If you are unable or unwilling to hire a lawyer or find any legal representation you have zero chance of achieving what you want, if you have any chance at all.
     
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  5. Proserpina

    Proserpina Moderator

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    That is not possible in small claims court. Only the appropriate state licensing board can do that. You can file a complaint with them.



    That is also not possible.



    Well, that's basically your choice - you either hire a lawyer where the ambulance company is located or you'll have to travel there yourself.



    That's the thing - lawsuits are really about money. I'm going to comment on that further down though :)




    OK - what I think you're saying, is that there was some sort of malpractice or neglect. Was a mistake made? Would you be able to prove that the actions of the EMT deviated from the standard of care?

    Do you have long term damages? Realistically, you'll need long term physical and generally financial damages in order to mount a successful medical malpractice claim. These types of lawsuits are about money.




    That's correct, as mightymoose also said - small claims would not be the appropriate venue for this type of case.

    However, you really haven't given us too many details. If you wish, post back and we'll try to help you again.

    If you DO have a viable med-mal claim, you'll be able to find an attorney who would take your case on a contingency basis, meaning that they don't get paid until you do.
     
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  6. william50

    william50 Law Topic Starter New Member

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    First Id like to thank Proserpina and Mightymouse for their help.
    OK ,This is what happened .While I was incarcerated in a low level Calif Correctional Facility,(drugs, I've know been clean two years in march.)Anyway, I slipped and fell at the bottom of some stairs and hurt my back. I’m 50 years old so I’m no spring chicken. I was told by staff (guards) not to move because I could cause more damage to my back .I was carefully placed on a back board by the guards and taken to a small hallway were I laid there for about a half hour while we waited for the ambulance to take me to the local hospital in town. Since there was no medical facility at this very small prison which only housed 900 inmates. Its publicly owned .And the guards are actually the cities police .They were all unbelievably respectful and concerned about myself .I’ve gotten to know some of them on a friendly basis .The ambulance finally showed up and I could here the police discussing with the ambulance personnel on how they were going to get me on the stretcher because the hallway was so small that it was difficult for them to got on both sides to lift me .I could here the ambulance person say “I’ll just drag him by his feet and toss him in”. Then he laughed. Then a huge very very obese man looks down at me at puts his hand down toward me ,It was the ambulance employee , and says “I’m not going to hurt my back just because you hurt yours, come on, take my hand and Ill pull you up “ I looked at him and said “I don’t think so. I think I have some kind of spinal damage” .He then leaned down towards me and whispered so no one could here him and said (Ah ,your just prison trash ) Then, as if he was trying to show off in front of everyone, he says in a loud voice “ I got this guys “ .And he got behind me and said “on the count of three, ,one ,two ,three .He said it real fast .I thought , who is he talking to because I didn’t see anyone else ready to lift me .Then all off a sudden he grabs me from behind ,under my arm pits and tried to jerk me up onto the stretcher all by himself .I screamed in pain and fell back to the floor because he had let go of me. I felt like he ripped me in two .My eyes filled with water and I was now in serious pain .I remember trying to yell at this man but for some reason I couldn’t get any words out. I thought that he had paralyzed me .Now I could feel myself blacking out .I was terrified .I couldn’t believe what had just happened .I wanted to know were he was but I couldn’t move at all .I could feel myself trying desperately to find out were this monster was cause I was afraid he would do it again. I then heard one of the cops say “What the hell was that ?are you for real ?” to the ambulance employee. The next thing I remember is cops lifting me with the backboard and placing me onto the stretcher and into the ambulance. I think I was in shock because I was shaking uncontrollably .The hospital Doctor gave me a shot of something for the pain and I guess I passed out .
    One of the two cops that were assigned to watch me in the hospital said he would gladly testify in my behalf and that I should sue him. There are at least 5 cops who witnessed the ambulances employee’s actions. An MRI was done and shows that I now have two bulging disks. I told the doctor what had happened and he didn’t seem to care. .One thing I noticed when I was an inmate was that you don’t have a voice when you’re a prisoner .Nobody wants to here you or help you or anything.
    I am now collecting SSI due to my back disability .
    This ambulance EMT and or paramedic was a huge terribly obese man .He was breathing hard and his shirt was all wet with sweat and I wonder ,isn’t there a physical a person in his field has to pass in order to be an EMT?
    Thanks so much for taking the time to read this.
     
  7. army judge

    army judge Super Moderator

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    You should speak with a couple of personal injury attorney's about this. Your story is compelling. Good luck.
     
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  8. mightymoose

    mightymoose Moderator

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    Your complaint is still best placed against the ambulance company- they will have the money to pay out, not the driver.
     
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  9. Proserpina

    Proserpina Moderator

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    You will need to prove that the damage to your back was NOT caused by the fall itself and I think that's going to be very hard for you to do.

    I think the EMT's actions were pretty terrible, but I also think you have an uphill battle if you wish to pursue this.
     
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  10. william50

    william50 Law Topic Starter New Member

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    Yes your right about that,I don't know howI could prove the damage was caused by the EMT.I'm going to speak with a couple of lawyers and see what they say.But they will probably tell me the same thing.Well ,there is always the state licensing board .Thank you for your help.
     

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