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TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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I have a case where I have been pro se. I am having a problem

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I have a case where I have been pro se. I am having a problem in getting an attorney even though I am in a space now that can resolve this whole 2 year process.

Q- How do I find someone to go into a deposition with me to help me without the posibility of the company lawyer taking advantage of me?

I have proven damages already I just need an attorney to find it is worth the effort to assist. Maybe to tell me just what damages I have proved. I feel if I could get to the help.

Hi,

You always have the option of hiring an attorney by the hour. However, if you are not represented right now, then you will not be able to hire an attorney to represent you only for a deposition. Once an attorney signs on to represent you, the attorney is in charge of the case and has to get permission from the court to resign as your attorney. This would add costs in for you and the attorney and may not be worth it if you only wanted help during a deposition.

If you are looking for an attorney to represent you on a contingency basis, and you have contacted 20 attorneys already, then you are correct in that those attorneys do not believe that you have winnable damages in an amount that would work to compensate the attorney if you win. Remember, a contingency attorney takes a percentage of the amount you win. So, in order for the attorney to want to invest the time in your lawsuit and take on the responsibility of being in charge of your lawsuit, there must be enough damages to make it worth it.

Tell me more about what you are suing for and perhaps I can shed some more light on the issue for you.

-ZDN

Customer: replied 3 years ago.


I am suing for 2 years of worker's compensation, and reimbursement of all the money I have paid out of pocket on medical. Pain and suffering. Although I have been declared total disable by SSD I have been using my private insurance. I also have an EEOC claim.

how were you injured and what are your injuries?
Customer: replied 3 years ago.


"Stress related injury" with physical manifestation, due to job related (severe depression and anxiety, malignant hypertension, kidney disorder, ulcer, and fibromyalgia)

I'm not sure I understand. Have you been diagnosed by a doctor with an injury and has the doctor determined that the cause of the injury was your employment? If so, have you filed a workers compensation claim with the Louisiana Workforce Commission?

Customer: replied 3 years ago.


Yes I have been diagnosed by a doctor with an injury and he also say the injury was my employment. My cardiologist and primary care doctor. I filed a 1008 claim in October 2012, had my first mediation on December 20, 2012, and was told I proved damages against my employer. It was ordered by the judge a 2nd mediation for March 26, 2013 in hopes we will settle this case. However now the company attorney wants a deposition here before the 2nd mediation. I tried have it rescheduled to afterwards. Because there is also a trail date for April 24, 2013 if we do not agree.


 

The problem in getting an attorney is that mental stress injuries under workers compensation law in Louisiana are very hard claims to win. Also, you may have a problem with the type of doctor that has provided your diagnosis, as Louisiana law requires a psychiatrist to prove these sort of claims. Because a contingency lawyer knows that these claims often fail and would be required to spend money hiring a psychiatrist to testify for you, your case is not one which would likely attract a lawyer to it on a contigency basis.
TexLaw and 7 other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.


My psychiatrist proved the mental stress. My other doctors which proved the physcial they referred me to the psychiatrist and Counselor.


 

Customer: replied 3 years ago.

My psychiatrist proved the mental stress. My other doctors which proved the physcial they referred me to the psychiatrist and Counselor.

Thank you for your response. If your psychiatrist has proved the mental stress, then you have one peice of evidence that helps establish your case.

Your original question was "what can I do to get a lawyer for this case." You stated that you've talked to 20 lawyers and they have all turned you down. If you came to my office and told me that, I would also be very skeptical of your case. Also, many lawyers simply don't want to handle a mental stress injury case because the likelihood of recovery is simply too small. In other words, even if your damages are high, you will have a harder time winning your case. This is because the law in Louisiana was written to make a mental injury case more difficult to recover on than a physical injury case. The burden is much higher for you, and this increases your likelihood of loosing. There's nothing you can do about that.

The only thing you really can do is to present the case in a logical manner to a lawyer to persuade the lawyer to take the case (assuming that you don't want to pay a lawyer an hourly fee to handle your case).

You would do this by:

1. Having a precise and concise statement of what your injury is, how you were injured, and when you were injured.

2. What your average weekly wage is

3. A timeline of your disability - i.e., when it started, whether you have reached maximum medical improvement

4. The records supporting your medical treatment with clear explanations from your doctors in written form explaining your injury and linking it causally to something at your work.

5. whether you were ever totally disabled (cannot work),

6. whether there are any permanent injuries that are left by your disability,

7. whether you were partially disabled, whether your total and permanent disability has left you unable to work or only unable to perform certain tasks.

If you can answer these questions, then you can take your answers to a lawyer and explain to them to try and persuade them to take your case.

-ZDN

TexLaw and 7 other Employment Law Specialists are ready to help you

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