Hayward, CA asked in Medical Malpractice, Personal Injury and Wrongful Death for Washington

Q: personal injury WA state

so, there's a personal injury case, which just has been dismissed without prejudice and the statute timing is running out in WA state, here are the questions:

Can I as a lawyer file a new same personal injury case in same court and "start over" as long as I'm within time frame? And second question:

Since I have done substantial amount of work on this dismissed case, including hiring experts, medical, etc,, can I still claim my contingency even if I pass along my client to another lawfirm? THanks!

1 Lawyer Answer
Steve Dashiak
Steve Dashiak
  • Tukwila, WA
  • Licensed in Washington

A: If it's dismissed withOUT prejudice, you can re-file at any point before the SOL runs.

The answer to the fees and costs question is between you, the new law firm, and the client. You're generally entitled to be reimbursed for costs, but asserting a lien for your fee in a case that's been dismissed and re-filed can affect your chances of getting good counsel to take over, which could hurt your client. Asserting a lien would make less sense if you have taken any missteps in litigation, such as being part of the reason the case was dismissed.

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