Venice, CA asked in Employment Law, Personal Injury and Civil Rights for California

Q: Need Help With PI/Employment Pleading Deadline to File is Dec 10, 2020

I would be representing myself Pro Se in court for an employment/personal injury related matter because an attorney dropped my case middle of last month telling me that due to covid, his law firm does not have the capacity to take on my case. I have drafted a pleading to protect the limitation status and due to financial constraints at the moment, I am unable to hire or pay for a Lawyer.

I ask if anyone in this community would volunteer to look at my pleading and give it a professional touch.

I would be so grateful!

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: Unfortunately you are not going to find an attorney to volunteer to do this work. Too much liability can attach once an attorney gets so involved.

Financial constraints should not be a problem. Attorneys who do PI and employment law work on a contingency fee basis, meaning you do not pay any money until there is a recovery.

I have serious concerns about the merits of your claims. For instance, if you are making a PI claim against your employer it is more than likely not going to have merit as you cannot sue your employer for physical injuries incurred. Those kinds of injuries are almost always the exclusive jurisdiction of the workers compensation system.

As to the employment claims, if those claims arise out of allegations of unlawful harassment, retaliation or discrimination, you first must file an administrative complaint with the DFEH or the EEOC before you can file a lawsuit. Once you file that administrative complaint and get a right to sue letter, you have from 90 days to three years to file your lawsuit, depending on the statutes on which you are basing your lawsuit.

In short, this is a very complicated thing, and doing it without an attorney is likely going to cause you to seriously damage or destroy any valuable claims you may have. It would be wise for you to look for an attorney to immediately review your matter and then assist you on a contingency basis.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.