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Law Pro
Law Pro, Attorney
Category: Personal Injury Law
Satisfied Customers: 23439
Experience:  20 years experience in personal injury law - both plaintiff and defense
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I am the pro-se plaintiff that suffered a personal injury.

Resolved Question:

I am the pro-se plaintiff that suffered a personal injury. I made a mistake and never anwersed interrogatorries on time. i sort of got tricked because they sent the motion a month and a half ahead of time and said If I ddint get the medical records and interrogatories by a certain date they would file a motion to dismiss. I mistook the forms as as a a letter thinking they would send a motion to dissmiss a month a half later. Complaint was dismissed around days later.My case was dissmissed without predijuce and I have no time to re-file because statutue of limiations has run out.

Can I file an appeal to say they answered their side of the interrogatories half-heartely because they didn't answer most of the questions even though they knew the answers to them.

their was legimate spoliation of evidence.

Do I have any change of winning the appeal. Its a little over two months since the cases was dismissed without predijuce

any other ideas?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Law Pro replied 1 year ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX X'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


You don't want to appeal - especially if the statute of limitations hasn't run and your case wasn't dismissed with prejudice. It's very expensive and by far the cheaper alternative would be to file a new civil action.

You either want to file new civil action or ask the court to reconsider the dismissal and reopen the case.



The motion to reconsider is easy to file - then if the court rejects your request - file a new action.

Most likely the court will reopen the case IF the statute of limitations hasn't expired because the judge knows you can just file a new case. So, for judicial economy they usually reopen the case rather than make you file a new civil action.




If you have any further questions, please feel free to let me know…

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Customer: replied 1 year ago.


the statue of limiations was in august 2010. I dont think I am able to refile

Expert:  Law Pro replied 1 year ago.
Oh, sorry. I misread that. If the statute of limitations has run - then you have no alternative but to appeal.

No, you can't file an appeal based on their not answering your interrogatories. That must be handled by a motion to compel - a motion to compel complete answers and/or motion to compel based on vague and incomplete answers.

That's done through the trial court judge and not a basis to appeal given your facts and circumstances.

What you could possibly appeal is that the opposing counsel misled you which caused you miss filing the required request for production and answer the interrogatories.

That would be a basis for an appeal but should have been argued before the trial court before they dismissed it OR you can file a motion for reconsideration based on that.


I apologize for misreading that the statute of limitations has elapsed. So now you are limited in your actions: 1) motion to reconsider, or 2) appeal.

The basis for each would be that opposing counsel misled you.



If you have any further questions, please feel free to let me know…

You can always ask for me in your question, “This question is for Law Pro . . (then on with your question) . . . .

Please press the Accept Button(and the Smiley Face if prompted :) if I have helped you today so I am credited for my time assisting you.
Customer: replied 1 year ago.


Can I use my injuries as an leginitate excuse, like I had 2 epidurals, or my concussions altered my daily actions or


 


I was waiting on medical bills that never came and I had to request them a second time

Expert:  Law Pro replied 1 year ago.
That's tough but medical reasons which caused you not to be able to respond is a reason to request reconsideration from the judge.

That's all you had to respond to the opposing party - that you requested such (ie. the medical bills) and will forward when such becomes available or when you receive such from the medical provider.

You just respond with that as to that particular request for production or interrogatory. If you don't have them you can't produce them for the opposing side.
Law Pro, Attorney
Satisfied Customers: 23439
Experience: 20 years experience in personal injury law - both plaintiff and defense
Law Pro and 5 other Personal Injury Law Specialists are ready to help you

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