My wife was injured in 2006 slip & fall. We were represented by a attorney. Her treatments have been extensive, three knee surgery's, and back surgeries. Cost so far around $350,000.
These on going treatments kept a letter of demand from being sent till early 2010 " for 1.25 million " Suit was filed pre new law, but he amended the complaint after the new law went into effect adding loss of consortium for me.
Late last year our attorney informed us that he did not feel that because of the law change, that we could prevail.
He offered to release the case to another attorney, but it was impossible to get another attorney to really look at it while it was still under another attorney, so we had him withdraw, and assumed the case pro se. The case had already been set for trial, and we were unable to find a attorney who would take on a trial that was almost 6 years old, and trial date set.
Since the attorney did not have the burden of proving negligence pre July 1 2010 he did not build the case with that element in mind, and after the law change, and his withdrawing from the case, the time to file a new suit pro se has expired.
My first question is, can we ask, for a new trial, because of the new law?
I feel that by the state, changing the law, violates the principles of the Ex Post Facto clause in the US Constitution. And by the time our lawyer released our case, it was to late for us to refile suit.
Any thoughts, anyone?