QUESTION

How can I reopen my old case?

Asked on Apr 17th, 2013 on Personal Injury - Florida
More details to this question:
I was ran over by a co worker. I drove commercial Trash trucks. I lost my right leg which killed my career. The company did everything to dishonor my life, my Attorney didn't help any. I lost everything now. I can't even get a job even after college degree.
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8 ANSWERS

Ronald A. Steinberg
Probably cannot. Once a case is concluded, that is IT. Only major fraud might allow the court to reopen it. If there was malpractice by the lawyer, you would have to sue within a certain time period (in Michigan, it is 2 years from the last contact with the lawyer).
Answered on Apr 25th, 2013 at 9:34 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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It may be too late to do anything. Schedule an office consultation with a new lawyer, one who is experienced in Worker's Comp in your area (your local bar association may be able to refer you). You may have to pay for the consultation, but considering the injury, it will be worth your while to know one way or another if anything can be done.
Answered on Apr 18th, 2013 at 4:13 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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Consult a local Michigan attorney who handles worker's compensation cases to determine whether you can re-open your work comp case. Generally work comp pays about 2/3 of your wage during your period of disability and for your work injury related medical expenses. Sometimes they pay for retraining/re-education. You can redeem your case for a lump sum, but then no benefits continue to be available. Usually you may not sue your co-employee or employer and are limited to worker's compensation benefits, although there are certain limited exceptions to the general rule. Again, call a local Michigan work comp attorney who regularly handles these type of cases. If there was a 3rd party that was negligent in causing/being one of several causes of your incident, you can sue them for your economic and non-economic losses, if you can prove their negligence (ie: maybe improper mirrors on the vehicle? Lack of a backup beeper? etc.). The worker's compensation carrier would have a lien on any such claim for the benefits they paid. Generally, these claims must be brought within 3 years of the incident (but there are some different time periods depending on your circumstances, which you give little detail on, ie: if there is a highway defect, a dramshop case, etc.). If the attorney you had failed to get you proper benefits, improperly handled your claim, failed to make all available claims, gave you bad advice, missed the time limit on claims, etc. you may have a legal malpractice case. You would need to consult a local Michigan attorney that handles such cases to determine this. There is generally a 2 year statute of limitations from when the attorney last handled your matter within which to make such a claim. Further, just because you believe your attorney "didn't help", doesn't mean there was malpractice as it is possible you think you are entitled to things the law does not allow you to claim. However, without knowing your exact facts, this really can't be determined.
Answered on Apr 18th, 2013 at 4:13 PM

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I won't say your case can be reopened, but I won't it can't either. You need to schedule an appointment with a lawyer in the state where the claim originated; one that understands workers' compensation.
Answered on Apr 18th, 2013 at 4:12 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Your exclusive remedy is worker's comp, so if you weren't happy with what your comp lawyer got you, consult with another comp lawyer for a second opinion.
Answered on Apr 18th, 2013 at 4:11 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Old case? Does that mean you settled your case years ago? Why do you think you can reopen a case? If it is a worker comp case and it was settled only recently you may reopen for a change in your medical circumstances perhaps. See a good lawyer in your county.
Answered on Apr 18th, 2013 at 4:11 PM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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You didn't say, but I presume you had a worker's compensation case. Was the case settled? Did you sign a release? If so, I doubt that you can re-open it. You should contact another worker?s compensation attorney and explain the details to see if there is anything you can do at this point.
Answered on Apr 18th, 2013 at 4:11 PM

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James Eugene Hasser
Sounds like you settled a case, but I'm not sure if it was a comp or third party case. Either way, it's next to impossible to reopen a settled case unless you can somehow show fraud or duress occurred. I would say start by talking to your old lawyer and then go from there.
Answered on Apr 18th, 2013 at 4:11 PM

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