Legal Question in Personal Injury in California
Slip and Fall Accident in a So. Calif. Indian Casino
The tribal council for the Indian tribe that owns the casino, in which I sustained the injuries mentioned in the subject line matter, reviewed a claim that I submitted to the tribe for my injuries. I received a letter from the tribe's attorney, which tells me that the tribe's gaming commission certified my claim. This letter also requested that I send all of my billing and medical records to their law office. I complied with the attorney's request. However, since the time that I sent the information that the tribe's attorney asked for, I have not received any response from their law office. In addition, the letter states, unless the Indian tribe waives it sovereign nation immunity, California courts for lack of subject matter jurisdiction systemically dismiss civil lawsuits by non-Indians against Indian tribes. However, the tribe that owns the casino where I sustained injuries has a tort claims ordinance fashioned after the federal tort claims act that outlines the procedure for pursuing tort claims against the tribe, that I complied with. My question is; what good does it do to have my claim certified by the tribal gaming commission, if the tribe's attorney refuses to communicate with me. Please help.
2 Answers from Attorneys
Re: Slip and Fall Accident in a So. Calif. Indian Casino
It is your burden to pursue and litigate your claim, regardless of their tactics. They are not there to help you, you are an adversary in this matter. If you need legal help doing so, feel free to contact me. That's what lawyers are for.
Re: Slip and Fall Accident in a So. Calif. Indian Casino
The certification is merely evidence that they accepted your claim. This is something that I would use against them should they subsequently pull the certification.
They are not your friends. You should probably hire an attorney. Should you have any further questions, please do not hesitate to contact my office at 818.385.0520.
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