Q: Federal case regarding Jones Act
This is for a federal Jones Act case. The plaintiff ....
THe dismissal was 'dismissed without prejudice for lack of prosecution'. It didn't show up in the details
Editing this for more details... of course yes she has tried reaching out to other counsel but running into response such as 'we know him (the original counsel) and wouldn't take case...' and 'it's been too long...' and 'it's too much work....' we've heard these multiple times!
A: Under these circumstances, it sounds like she may have a good argument to get the dismissal vacated if the basis behind the dismissal is because of former counsel's inattention and not the individual personally. There is no black and white answer because it seems as if there are a lot of moving pieces. Especially in a case like the one you have described, the individual should speak to an experienced maritime attorney that is well versed in Federal procedural law to give the injured individual the best chance to revive the claim for what would seem to be otherwise a potentially strong case. Time is of the essence though and the lady should speak to someone ASAP. Best of luck
Tim Akpinar agrees with this answer
I'm sorry for your friend's difficult predicament. There are many things to sort out here, and expenses for the process server are the least important among them. There are far more compelling issues. If she were to consult with an experienced maritime attorney (most of whom would probably discuss the matter in a free initial consult), she could start to explore the far more important issues here - such as the possibility of vacating the dismissal. It would be advisable for her to speak with someone without losing further time. Good luck
I wanted to acknowledge edits to the post. We did speak. Based on case, I advised of need for Florida counsel. Friend may call me at (718) 224-9824 if there are further questions on information I provided, and I would be happy to help. But I can only answer questions of a GENERAL maritime law nature, not questions regarding the specific case. For guidance on the specific case, a Florida attorney would need to advise further on that. Good luck
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