QUESTION:
I am in East Bay in San Francisco. I was turned down on my claim. My shipmate died and I was picked up by a jet blast and thrown down the deck. I was going overboard until my boot caught a small railing and I was slammed down on the catwalk. I don’t think they know what it is being on a flight deck. It is that being in the service, your higher ranks will tell you to just suck it up if you complain, and the word gets around that you’re a slacker. That’s why I kept silent. The people at the Veteran’s Administration keep asking me for dates. I’m 60 years old and they turned me down. I have two doctors, both VA MD, saying that I have PTSD. Please help me.
ANSWER:
Generally, no suit for money or damages may be brought against a government entity (or against a government employee acting in the scope of employment), in your case, the Veterans Administration, unless and until a timely claim has been presented pursuant to the Government Claims Act. However, if plaintiff was reasonably ignorant of possible liability by a public entity and thus failed to file a timely claim, relief may be available to file a late claim (¶ 5:49 ff.).
In your case, considering that you were diagnosed of PSTD, the most effective way to support your medical expense claim is to elicit testimony from your own treating physicians. They can be questioned about the nature and extent of the injuries, the treatment and medication prescribed, the need for such treatment and medication, and the reasonableness of the charges. These physicians can also be used to lay the foundation for introduction into evidence of relevant medical bills and reports.
Working with an experienced personal injury attorney would be helpful in ensuring that one’s rights and interests are protected when it involves issues such as these, so get in touch with one as soon as possible.