LawsuitI had a lawsuit against my former emplower, we never went to trial, my attorney felt we would not win, so we did not pursue.I have...

Question

Lawsuit

I had a lawsuit against my former emplower, we never went to trial, my attorney felt we would not win, so we did not pursue.

I have Sarcoid and he could not get any medical proof that it came from something I was exposed to at the job. Which I am sure it came from.

He made me seek medical, I took blood tests, the doctor those test were done with said, no he could proof this is where I gt it from.

My question is, I found on the internet, that I did not take the right test, test for metal compounds is not don with a medical doctor, and the tests have to be sent out to a lab tht specializes in metal exposure.

My question is, can I once again go after that company, I am sure I was exposed to something there.

My statue of limitation on the first law suit is gone.

Am I searching for air, can a company be suited twice even if the first suit is dropped, or is this that (thing under the law) where you cannot go after them again.

I am left totally disable and almost a cripple, and I am dam mad about it.

Answer

Re: Lawsuit

Statutes of Limitation run with the claim, not the lawsuit, so if its gone its gone. You can refile a suit if it wasn't dismissed with prejudice and if no settlement agreement that released the claim was entered into. You would still need a MD to say that your exposure at work caused your disability. Why wasn't this a workmans comp. claim rather than a lawsuit?

Shell Bleiweiss

http://www.shell-bleiweiss.com

Answer

Re: Lawsuit

Depending on the circumstances, you may be able to reinstate the lawsuit. You need to contact an attorney and set an appointment. Bring in all of your lawsuit papers and proof.

Answer

Re: Lawsuit

You would not be able to sue your employer for negligence anyhow. There should have been a worker's compensation claim filed. You may have a claim of legal malpractice if your attorney failed to pursue your case in a proper fashion. You should contact my office so that I can take a look at your entire file in order to give you a more definite response.

To answer your question: To reinstate a case, there had to have been a dismissal without prejudice (which means you will have 1 year to refile the case--however, you cannot change your theory of liability if the statute has gone).

There may be other circumstances where you may be able to re-instate the case but those are simply very rare and difficult to get around.

If you have your entire file with you and you think the attorney who handled your case was incompetent or failed to follow the right lead, your best option seems to be a legal malpractice claim.

I hope this helps,

Taradji Law Offices