Legal Question in Civil Litigation in Ohio

Civil Suit

My husband broke his neck a little over 2 years ago at work. Our family told us to look for a lawyer, so we could be taken care of down the road. This lawyer did a good job with the worker's comp side of this injury. My husband and his lawyer also talked about filing a civil suit against the company my husband works for. This lawyer took the information and said he would look into it. My husband's lawyer and him talked about once a month. When my husband would talk to him, he would inquire about the civil suit? The lawyer would be like it is being looked into. One time he said my husband would get enough money from this suit to retire. Well, the lawyer finally finished his worker's comp for the neck, so my husband asked about the civil suit. The lawyer said he did not think it was ever filed and now it was too late. What is the statute of limitation for this? Is there anything we can do? It is not our fault that the lawyer did not follow through. Now, this lawyer is not returning our phone calls.


Asked on 10/28/03, 4:35 pm

2 Answers from Attorneys
Steven Magas Smith Rolfes & Skavdahl

Re: Civil Suit

You need to consult with a lawyer who handles attorney malpractice cases right away. There is a short, 1 yr. statute for suing your lawyer!

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Answered on 10/28/03, 5:47 pm
Robert Guehl Guehl Law Offices

Re: Civil Suit

The statute of limitations (time to file a lawsuit) is generally two years from the date of an incident for what is called an "employer's intentional tort", the only way to sue your employer beyond workers comp. The intentional tort lawsuit is a difficult one, depending on which court you are in. If you have (or had) such a claim, and your attorney did not pursue it, you must file a lawsuit against the attorney within one year of your notice of his failure to file.

Seek out legal counsel as soon as possible.

Good luck!

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Answered on 10/28/03, 6:22 pm


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