Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I have a case where I have been pro se. I am having a problem

in getting an attorney even...
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.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 7 minutes by:
2/19/2013
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
Verified

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

Ask Your Own Employment Law Question
Customer reply replied 4 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?
Ask Your Own Employment Law Question
Customer reply replied 4 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?

Ask Your Own Employment Law Question
Customer reply replied 4 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
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
Verified
TexLaw and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago


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


 

Customer reply replied 4 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
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
Verified
TexLaw and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask TexLaw Your Own Question
TexLaw
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Contracts, Wrongful termination and discrimination

TexLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question about unemployment benefits and EEOC
i have a question about unemployment benefits and EEOC procedures … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have an employee that has been on workers compensation
Good morning, I have an employee that has been on workers compensation leave since June. I offer health insurance as a benefit paying 50% of premiums. Employee pays 50% and is deducted from paycheck. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I filed an inquiry with the EEOC, I now what to file charges
I filed an inquiry with the EEOC, I now what to file charges an with the EEOC and hire an attorney. Could you recommend an attorney in my area, Denver is to far. Estes Park, Colorado is where I live. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
During the 300 days of the EEOC investigation - the written
During the 300 days of the EEOC investigation - the written complaints I submitted were all returned way past the "15 work day" investigation time as "no valid evidence"..... the VP of Finance is the … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,300 satisfied customers
I have a question about my illinois workers compensation
I have a question about my illinois workers compensation claim. … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
EEOC said they do not have jurisdiction and I have the
EEOC said they do not have jurisdiction and I have the letter for right to sue and only have 90 days to file suit. Should I still have an investigator ??… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
34 satisfied customers
Is it a requirement in Florida to file a compliant with EEOC
Is it a requirement in Florida to file a compliant with EEOC first, before filing a lawsuit against a former employer for age discrimination?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
My worker's Compensation was closed 8/10/17. The attorney
My worker's Compensation was closed 8/10/17. The attorney took his money and I did not owe COB-R any money. When and how should I get what is due to me? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Im a retired person via permanent disability i cant see or
Hi. Good morning im a retired person via permanent disability i cant see or hear andI have ataxia. So since 01/2015 im RECEIVING SS. And I get 1200 @MO. BUT SINCE I HAVE FUNDS IN EDD MY. QUESTION IS. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is a question with regard to my workers compensation
This is a question with regard to my workers compensation injury. I had a Total Shoulder Arthroplasty done with reattachment of my bicep. What is the approx disability rating for this in Minnesota? Se… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
One of my workers filed for workers compensation and will be
One of my workers filed for workers compensation and will be out for over two months. My business has begun to have hardship because of this (We are a Veterinary Clinic)(We only had 3 vet tech workers… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
I got injured at work, I was denied workers compensation.
I got injured at work, I was denied workers compensation. However my doctor put me off of work because my injury consist of a fractured rib, I was still out on medical leave and my employer terminated… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I was issued a citation in regards to workers compensation.
I was issued a citation in regards ***** ***** compensation. I wasn't aware of the need to have one and now I can't afford to provide one and the State told me that my case is about to go to the DA. W… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Workers' Compensation Question Can the Release of medical
Workers' Compensation Question Can the Release of medical information form signed upon onset of injury be used 2 1/2 years later be used with my own physician not their wc physician to obtain my infor… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
Workers' Compensation Question Upon with wc physician
Workers' Compensation Question Upon last follow up with wc physician continued work restrictions and physical therapy was given. Employers lawyer apparently did not like the continued benefits allowed… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Workers' Compensation Question Can I file an appeal for each
Workers' Compensation Question Can I file an appeal for each issue denied by wc or do I have to file one appeal and include all issues in that one appeal?… read more
KLAW
KLAW
Juris Doctorate
1,770 satisfied customers
My wife was medically retired after a workers compensation
My wife was medically retired after a workers compensation injury. We worked for a department of a county. The county is self insured for WC and has designated a county department as custodian of reco… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x