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Home › Society › Law › Criminal and Misdemeanor Law › Lab results came back abnormal—what are the next steps?

Lab results came back abnormal—what are the next steps?

Started by Justin Johnson8 · · 👁 4 views · 6 replies

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Participants Justin Johnson8Ronald Howard61
Justin Johnson8 Justin Johnson8 MemberOP
13 messages
joined Aug 2019
#1 ·
Hey there
About a year and a half ago, I was in a car accident. I finally got the official report stating I wasn't at fault after three months, but it didn't include any blood toxicology results. The Department of Justice claims they can't run those tests without a warrant from the District Attorney, while the DA's office basically told them the blood analysis isn't their problem. It wasn't until a few months ago—after I finally sent an email to the top brass at both the police department and the DA's office—that the lab results actually showed up. The catch? They claim it's impossible to determine if there was alcohol in my system because the blood sample was too old to be analyzed properly. What’s the move here? Do I sue someone, call a consumer watchdog group, or what?
Thanks
(Sorry about the typos, typing this on my phone at work)
Ronald Howard61 Ronald Howard61 Newcomer
5 messages
joined Jan 2020
#2 ·
Justin Johnson8 said:Hey there
About a year and a half ago, I was in a car accident. I finally got the official report stating I wasn't at fault after three months, but it didn't include any blood toxicology results. The Department of Justice claims they can't run those tests without a warrant from the District Attorney, while the DA's office basically told them the blood analysis isn't their problem. It wasn't until a few months ago—after I finally sent an email to the top brass at both the police department and the DA's office—that the lab results actually showed up. The catch? They claim it's impossible to determine if there was alcohol in my system because the blood sample was too old to be analyzed properly. What’s the move here? Do I sue someone, call a consumer watchdog group, or what?
Thanks
(Sorry about the typos, typing this on my phone at work)

I'm not following you at all.
If you aren't at fault, why does the toxicology matter?
Justin Johnson8 Justin Johnson8 MemberOP
13 messages
joined Aug 2019
#3 ·
The guy who hit me was wasted. He blew right through my right of way, and the crash was pretty brutal. I wasn't even conscious enough to take a breathalyzer myself, so they just had to draw my blood to check everything. From what I can gather, if I’d had even a single drink in my system, I’d probably be sharing the blame for this mess. Plus, my insurance company is already breathing down my neck for those blood test results—I'm guessing they’ll try to shortchange the payout if they find any alcohol in me, regardless of the fact that the police report clearly puts the fault on the other driver.
Ronald Howard61 Ronald Howard61 Newcomer
5 messages
joined Jan 2020
#4 ·
Justin Johnson8 said:The guy who hit me was wasted. He blew right through my right of way, and the crash was pretty brutal. I wasn't even conscious enough to take a breathalyzer myself, so they just had to draw my blood to check everything. From what I can gather, if I’d had even a single drink in my system, I’d probably be sharing the blame for this mess. Plus, my insurance company is already breathing down my neck for those blood test results—I'm guessing they’ll try to shortchange the payout if they find any alcohol in me, regardless of the fact that the police report clearly puts the fault on the other driver.


Go ahead and deal with the insurance company and file your claim. If they give you any trouble, just hire a lawyer. It isn't your fault if the police report doesn't mention your BAC or if the toxicology results come back clear...
Justin Johnson8 Justin Johnson8 MemberOP
13 messages
joined Aug 2019
#5 ·
The insurance company is insisting I need a blood test, while the police are telling me it’s unnecessary. It’s just one thing after another, bouncing back and forth without any progress. I finally went ahead and hired a lawyer to handle it, so hopefully that settles things, but we all know how the legal system moves here—at the speed of a snail. Honestly, the big question isn't even when the case will be closed, but rather when I'll actually see a dime of that settlement...😵
Ronald Howard61 Ronald Howard61 Newcomer
5 messages
joined Jan 2020
#6 ·
Justin Johnson8 said:The insurance company is insisting I need a blood test, while the police are telling me it’s unnecessary. It’s just one thing after another, bouncing back and forth without any progress. I finally went ahead and hired a lawyer to handle it, so hopefully that settles things, but we all know how the legal system moves here—at the speed of a snail. Honestly, the big question isn't even when the case will be closed, but rather when I'll actually see a dime of that settlement...😵


Is the other party actually at fault? Have you requested the official accident report from the local precinct or the DA's office yet? You'll need that paperwork to move forward with the insurance claim. I'm hoping for a good outcome, but I'm not sure there's much else I can do to help
Justin Johnson8 Justin Johnson8 MemberOP
13 messages
joined Aug 2019
#7 ·
Yeah, look, the police report makes it crystal clear that the other driver was at fault. But now, the insurance company is dragging its feet on my car claim because there’s no blood work analysis included in the official report. Meanwhile, since the injuries were serious enough—broken bones and all that—the state automatically pushes the criminal side of things through the court system. I hired a lawyer right after the accident, but he couldn't actually file the lawsuit while I was still dealing with treatment and chasing down that elusive blood test result. He finally filed the suit three months ago, so now I’m just sitting here waiting. He insists we have more than enough documentation to win without that specific lab result, but I can't help feeling anxious. I'm worried this "missing" data might somehow shrink my settlement. It’s frustrating because I’m not the one at fault here; the idiots in charge just failed to run the analysis when they should have. I mean, why even draw the blood if they weren't planning to test it immediately?

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