what kind of lawyer do i need to sue a former job that gave me cancer

Full Answer

What kind of lawyer do I need to sue for medical malpractice?

Fortunately, there are lawyers who specialize in exactly this area of law. I’d suggest contacting a medical malpractice lawyer in your state who can help. Most personal injury lawyers will offer an initial consultation at no cost, and the lawyer will advise you of your best approach.

What kind of lawyer do I need to sue for eye damage?

If the damage to your eyes is significant or long-lasting and you wish to file a lawsuit, you can consult a products liability lawyer (which is part of personal injury law).

Can I Sue my Lawyer for a mistake?

And l ike all professionals, sometimes lawyers make mistakes. If you believe your lawyer has made a mistake on your case which has caused you to suffer damages, you can sue the lawyer in order to receive the compensation the lawyer should have gotten you in your case.

Can you sue a lawyer for bad ethics?

There are several alternatives to suing your lawyer. If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

Can you sue a workplace for cancer?

If you have developed cancer from a workplace or a job, you should have your case reviewed by an experienced occupational cancer attorney to discuss filing an occupational hazard lawsuit.

Can you sue a company for causing cancer?

While being diagnosed with cancer can be an unpreventable tragedy, some cases actually involve negligence. If you have developed cancer because of someone's negligence, you have the legal right to pursue compensation.

Can you sue for misdiagnosis of cancer?

Cancer misdiagnosis victims may be able to file a medical negligence, or medical malpractice, lawsuit against the doctor or other party responsible for the cancer misdiagnosis. When filing a lawsuit against another party, the patient or patient's family is referred to as the plaintiff.

Is cancer a disability under ADA?

A federal district court recently held that cancer, even when in remission, can constitute a disability under the 2009 amendments to the Americans with Disabilities Act (ADA).

Can you sue for lung cancer?

Some individuals diagnosed with lung cancer are eligible to file a legal claim for financial compensation. Depending on the cause of cancer (such as occupational exposure), the timeline for your exposure and diagnosis, as well as which manufacturers are responsible, you may be able to file a mesothelioma legal lawsuit.

Is there compensation for lung cancer?

If you've developed lung cancer from exposure to a toxic substance, you may be entitled to financial compensation. To get the process started, you'll need to talk with a lawyer about filing a claim against the organization or individuals responsible for your exposure.

Can you be falsely diagnosed with cancer?

Due to the widely misunderstood nature of cancer, cancer misdiagnosis is among the most common type of medical misdiagnosis. Cancer misdiagnosis can have devastating results for the patient. In cases where cancer is not identified or mistaken for another disease, patients may miss a critical window for treatment.

What percentage of cancers are misdiagnosed?

It is estimated that approximately 10 to 20 percent of all cases of cancer are misdiagnosed. One study found that about 28 percent of the mistakes made out of 583 cases were life threatening or life altering.

Do doctors lie about cancer?

The doctor is usually lying about treating the patient. However, there have been instances in which an intentional misdiagnosis of cancer led to a medical malpractice case. Some physicians have allegedly gone so far as to give chemotherapy and radiation treatment to patients who they knew didn't have cancer.

What types of cancer qualify for disability?

If you have been diagnosed with one of the following cancers, you should automatically, medically qualify for disability benefits:Esophageal cancer.Gallbladder cancer.Brain cancer.Inflammatory breast cancer.Liver cancer.Pancreatic cancer.Salivary cancers.Sinonasal cancer.More items...•

Does cancer qualify for FMLA?

Passed in 1993, the federal law allows workers of certain employers to take a leave of absence from their job if they or a family member is facing a medical crisis such as cancer, or for other significant life events, such as the birth or adoption of a child.

Can you lose your job if you have cancer?

Having cancer does not necessarily mean you will stop working. You might take time off for appointments, treatments, or extra rest. You might work as much as possible or take a leave of absence and return later. There are benefits to working even when you have cancer.

Heather A Lottmann

You will need to speak to an attorney in the St. Louis area, if I read your locale correctly. There are many fine STL workers' compensation attorneys who are on AVVO or are part of the Missouri Association of Trial Attorneys. Your best bet is to run an AVVO search or simply run a Google search.

John Richard Boyd

Employment Law, Workmen's Compensation. Depends a little on the situation...

Stacey Lynn Schlimmer

You need a workers compensation attorney, and you can find one through this site, by clicking the "Find a Lawyer" tab at the top of this page and then searching for a workers compensation attorney in your city and state.

Gilbert Earl Fisher

You need an attorney that primarily does workers compensation. There are many attorneys that do this as part of what they do, however I suggest you get someone that focuses on this area of the law exclusively since they know the other attorneys, the judges, the insurance company adjusters, and how the system works.

John M Connell

A workman's comp attorney. Use the find a lawyer function on Avvo to locate one. We attorneys cannot contact you on Avvo and in fact cannot even see your contact information.

Why do contractors file lawsuits?

Some other causes for lawsuits against contractors include: The contractor completes the job but unsatisfactorily; The contractor completes the job but the work violates safety standards; The contractor took advantage of the homeowner, such as by accepting a deposit or payment but then failing to complete the agreed upon work; or. ...

What are some examples of lawsuits against contractors?

Examples of this include missing deadlines or failing to perform all of the work required.

What Types of Legal Claims Can be Filed Against a Contractor?

Once a homeowner has decided to file a lawsuit against a contractor, there are a few different types of legal claims they may file. The most common are:

Can you sue a contractor for breach of contract?

As can be seen, suing a contractor typically requires that you first prove there was a breach of contract, or at a minimum an agreement for services to be performed. Regardless of whether you have a written contract or not, suing a contractor is often a complicated and lengthy process. This is especially true since state laws vary.

Can you sue a contractor without a written contract?

The reason that you can still sue a contractor without a written contract is because you may argue that an implied or oral contract was formed. For example, if you hire a contractor to paint your whole house, but they only paint 80% of your house, you may be able to have a court enforce your oral contract by having the contractor partially refund ...

Can a breach of contract claim be recovered?

Breach of contract claims generally allow a homeowner to recover damages such as a refund of payments made to the contractor. Alternatively, they may be able to refund the difference in costs for hiring a new contractor to complete the project.

What are Reasons to Sue My Employer?

Employment law applies to disputes between an employer and an employee. If you have a workplace dispute or issue that cannot be resolved by your employer, you might be able to file a lawsuit against the employer.

What is employment law?

Employment law applies to disputes between an employer and an employee. If you have a workplace dispute or issue that cannot be resolved by your employer, you might be able to file a lawsuit against the employer.

Can an employee sue their employer?

An employee may be able to sue their employer. Claims against an employer include: Sexual harassment: There are two types of workplace sexual harassment. The first is known as hostile work environment sexual harassment. This kind of sexual harassment occurs when a person engages in unwanted and offensive conduct that affects ...

Can an employer fire an employee for workers compensation?

In addition, an employer may not fire or otherwise retaliate against an employee for filing a workers compensation claim. Unlawful retaliation for Whistleblowing: A “whistleblower” is an employee who reports unethical or illegal conduct by their employer.

Is it illegal to fire someone for FMLA?

This means that when the employee is finished taking the leave, they must be restored to their existing or equivalent position. It is illegal to fire an employee for taking FMLA leave. It is also illegal to interfere with an employee’s FMLA right to leave.

Is it illegal to interfere with FMLA?

It is also illegal to interfere with an employee’s FMLA right to leave. Discrimination Violating the Equal Pay Act: The Equal Pay Act protects against gender discrimination. This federal law requires employers to pay employees equal pay for equal work, regardless of their gender.

Do I Need a Lawyer for Help with a Workplace Dispute?

If you are affected by an illegal act of your employer, you should consult an workplace lawyer. An experienced employment law attorney near you can discuss your options and represent you in court.

What to think about before sueing a company?

1. Do You Have a Good Case? This may seem obvious, but you need to have a genuine legal claim or " cause of action " in order to have a court support your position .

What is the last step to take to avoid a lawsuit?

If you have done everything you can to avoid a lawsuit, then your last step is to sue the company. You need to be within the statute of limitations for your state, and you will need the company's legal business name, the name of the owner, and their contact information before you file the lawsuit.

What is the statute of limitations for a lawsuit?

Laws that place a time limit on bringing a lawsuit are called " statutes of limitations .". You do not need to handle the entire case within the statute of limitations. You will have a certain amount of time to file the lawsuit, and then the lawsuit can take whatever time the state courts determine it needs. 8.

How does a lawsuit affect your life?

A lawsuit may take a lot of time and energy, and can be emotionally draining. Remember that you might find that you have less time and energy to devote to your work, business, family, and social life for the duration of the lawsuit. The case may involve completing demand letters and paperwork, filing at the clerk's office, waiting in court until your turn to speak, and following any of the judge's orders.

How to get money in small claims court?

If you are asking for a small amount of money in small claims court, you may be able to bring the lawsuit yourself. Gather the evidence (emails, texts, dates of calls, contracts, etc.) and think about what you would tell the court. The company will be served and will either ignore you (which means you win the case) or appear in court to fight back. The judge will have the final say — if you win, then you need to do your own legwork or hire an attorney to ensure you are paid.

What to expect when taking a case to court?

You can expect to gather evidence, have contact information for yourself and the other party, talk clearly in front of a judge or courtroom of people, and follow any court orders. Even if you do not win, taking your case to court means you must follow whatever the court decides.

What to do if a business won't respond to your demand?

If the business won't respond to your demand, it's often possible to lodge complaints against businesses . If a company won't resolve a problem, look up the better business bureau or consumer protection office in your state. You need to have the legal business name, legal name of the owner, and phone number when making a complaint. This can be a good middle step if the company won't work with you outside of court but you don't want to sue the company yet.

What happens if you sue a doctor?

When you sue the doctor or hospital, you will often be dealing with their insurance company. In rare cases, a doctor may lose their license or go to jail. Or, a hospital could be shut down. But generally, you are suing their insurance company to compensate you for your suffering.

How long do you have to sue a hospital for negligence?

Discrimination (a staff member refusing to treat you do to your race, sexual orientation, your nation of origin, etc.) You generally have between two to six years to sue for hospital negligence. This is called the statute of limitations, and it varies by state.

What happens if you make a mistake in a hospital?

If the person who made a mistake is an independent contractor, then you must take them to court with a medical malpractice attorney. If they are an actual employee of the hospital that committed medical negligence, then you may have a medical malpractice lawsuit against the hospital.

What do you need to prove medical malpractice?

You may need medical records, dates, records of the job-related mistakes, and more to help prove your case. Your personal injury attorney will handle the medical malpractice lawsuit and will tell you exactly what they need. Without their expertise, it can be hard to know what information is relevant.

What to do if you are told something is wrong?

If your instincts are telling you something is wrong, then you should investigate your case. A personal injury lawyer is going to be the best person to have on your side when you seek justice from a hospital — you deserve justice when a hospital makes a mistake with your illness or injury.

What happens if a hospital gives you the wrong treatment?

If a hospital gives you the wrong treatment, their staff makes the wrong call, or a loved one dies in their care, you may have options to sue. Although medical professionals may be the ones who actually made the mistake, the hospital is responsible for its employees and their training. If, however, the doctor who injured you is an independent ...

What is a negligent action in healthcare?

Dangerous or negligent actions by hospital staff (reusing equipment or needles, leaving floors wet, stealing or abusing medications) Wrongful death of a family member.

How to sue someone in California?

California Courtslists these as the steps for how to sue someone. Keep in mind the actual courts and processes may vary by state, but generally you will need to do these things if you’re pursuing a case by yourself: 1 Figure Out How to Name the Defendant 2 Ask for Payment 3 Find the Right Court to File Your Claim 4 Fill Out Your Court Forms 5 File Your Claim 6 Serve Your Claim 7 Go to Court

Why is being a lawyer so hard?

Being a lawyer is hard; that’s why it takes so much time and money to become one. Lawyers typically do not represent plaintiffs at small claims court because the stakes, shall we say, are too low — but that makes those cases no less complex for a layperson.

What happens if someone disobeys a court order?

When someone disobeys a court order, you can file a contempt action in an effort to get them to comply. If the court finds that the person did in fact disobey the order, the court may fine the person (or even put them in jail). In addition, the court will take steps to force the person to comply with the order.

Why do personal injury attorneys charge by the hour?

Personal injury attorneys usually work on contingencysimply because it would not be financially possible for a plaintiff to bankroll a lawsuit; criminal attorneys like to charge by the hour. Far too much is required in fees on an up-front basis. For types of cases other than personal injury, ask for the attorney’s estimated fees and weigh whether it would be smarter to settle or pursue a claim pro se.

How much money do you need to file a small claims lawsuit in Texas?

In Texas, a small claims court actionis one that demands $10,000 or less in damages. If the damages are more than that amount, you’d need to file a personal injury lawsuit to recover costs.

What is negligence in a personal injury case?

For example, a personal injury caseusually requires plaintiffs to illustrate the concepts of negligence: that an injury occurred; that the defendant owed you, the plaintiff, a duty of care; that a breach of that care occurred; and this resulted in damages. The elements would be different for a breach of contract, which mean you must show that a contract was formed; that you performed as required under the contract, but a breach occurred when the defendant did not; and this breach resulted in damages.

Do you have to pay for everything in small claims court?

While this likely won’t occur in something like small claims court or collections court, you will still need to pay for everything, down to copies of the judge’s opinion.

How to sue an employer for discrimination?

To sue your employer for discrimination, you must first file a charge with the EEOC —unless you plan to file a lawsuit under the Equal Pay Act. In that case, you can sue without obtaining a notice of the right to sue from the EEOC. 3 

What age can you sue for being a whistleblower?

Pregnancy. Age (over 40, according to federal law, although some states offer protections for workers younger than age 40) Genetic Information. Workers can also sue or file a charge with the Equal Employment Opportunity Commission if they are sexually harassed at work, fired for being a whistleblower, subject to constructive discharge ...

What are some examples of wrongful termination?

Examples of Wrongful Termination. Per federal law, it’s illegal for employers to discriminate in hiring, firing or promotion on the basis of: 2 . Age (over 40, according to federal law, although some states offer protections for workers younger than age 40) Workers can also sue or file a charge with the Equal Employment Opportunity Commission ...

How long do you have to file a civil lawsuit?

Keep in mind that you have a limited amount of time in which to file—generally, 180 days from the time of the incident, although local laws may extend this deadline to 300 days. 4 

Can you be fired for cause in 2020?

Updated July 21, 2020. If you’ve recently been terminated for cause, you may be wondering whether your employer was within their rights to fire you—or whether your dismissal constitutes wrongful termination. And, if it turns out you were fired illegally, your next question will probably be whether you can—and should—sue.

Can an employer terminate you without notice?

This means that it's usually legal for your employer to terminate your employment unexpectedly, without advance warning, and to decline to provide a reason for your termination.

Can you fire someone for any reason?

Most workers in the United States are employed at will, which means that their employers can fire them for any reason, or no reason at all, provided that the reason isn’t discriminatory. (More on that in a minute.) 1 

What Are Some Legal Claims That Can Be Filed Against A Contractor?

• There are a few different types of legal claims that a homeowner may file against a contractor. The most common of these claims include: 1. Breach of Contract Claim: Breach of contract refers to one party failing to follow through with their side of a contract. This frequently happens when the party has not delivered on their claims within an appro...

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