Order of Dismissal Without Prejudice was filed by defendant. As a plaintiff what can I do?

Asked over 1 year ago - Las Vegas, NV

arb comm. ruled in my favor. defense obj. judge sided with defense. I sent discovery answers to my attorney who failed to forward to defense. As a catastrophe adjuster I went to the east coast after hurricane Sandy and left it in his hands. I just found out he withdrew and did nothing the Order of dis. was filed on April 6th and docketed for may 7th

Attorney answers (3)

  1. Thomas D. Boley

    Contributor Level 14

    Answered . As long as you are still within the statute of limitations, you can re-file the case and basically start over. A lot of the work can be duplicated, though, and you will likely need a new attorney. Your new attorney will have to collect the file, and determine what injury liens are binding on the file and if you have to pay your old attorney.

    If the statute of limitations has passed, you will want to evaluate the case for attorney malpractice. I hate to say the dirty word, but blowing a statute of limitations is the big one.

  2. Richard Edmund Hawkins

    Pro

    Contributor Level 16

    Answered . Refile before the statute of limitations expires--that's what "without prejudice" means.

    If you fight this and lose, the statute may expire in the meantime.

  3. Keith G Langer

    Pro

    Contributor Level 19

    Answered . You need to refile, before the time in which to do so expires.

    With NEW counsel. The NV and your county bar associations can assist with referrals.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.

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