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My lawyer quit my personal injury claim against Hy-Vee, he forward papers to the court now its dismissed HELP
Anonymous9 views5 answers
I fell on black ice in front of Hy-Vee grocery store 1/31/2010. I have had neck and shoulder surgery and lots of cronic pain. Before the fall I was healthy lost 50lbs, very active. I would love to have my life back. My lawyer was suppose to file for disability but didn't ,I did on 4/2013 . He was suppose to give me time to find another lawyer that would take the case before he filed the papers that he was quitting. Now the judge has dismissed the case. Can the case be reopened?
Ultimately more info is needed. Was this a voluntary or involuntary dismissal? With or without prejudice? In Iowa, for example, of a case is filed prior to July 15th, it must be brought to trial before January 1st of the following year. Unless the Court grants a continuance, it can automatically dismiss it. If that's what happened here, you may be able to get the Court to reinstate it. You should speak with a personal injury attorney first, to see if it's even possible to reinstate your personal injury case. If it's too late and you're barred, then speak with a legal/attorney malpractice attorney. In order to prove attorney malpractice in Iowa, you have to prove two things: first, that there was malpractice. Second, that if it wasn't for the malpractice, you would have been able to recover damages. Essentially you'd be trying two cases. Good luck!
