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Originally Posted by ecstyle483
Is it too late to hire an attorney to treat my TOS? After two years of visiting doctors, I was finally diagnosed with TOS in April 2011. The neurologist that made this diagnosis believes it resulted from my previous jaw operation (Dec. 07) that tightened the scalene muscles. I recently had to leave my job (as an accountant - which probably made my TOS worse) as the pain was unbearable and wanted to dedicate my time to fully recover. Its been several months now and the pain has not gone away. A friend of mine has suggested that I at least talk to a contingency lawyer about my case.
Has anyone worked with a TOS attorney? If so, please share your experiences.
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Ecstyle, my husband is an attorney and I'm a court reporter, so I've got some limited knowledge based on your state (not sure where you are.). Please keep in mind this is NOT legal advice -- just my layperson's knowledge.
Most states have a two-year statute of limitations, meaning you have two years from the time of the incident to file a lawsuit. There are, however, extenuating circumstances SOMETIMES when you have sought treatment and have what's considered a "delayed diagnosis." In some states that makes the point of your diagnosis the time when your two years start ticking.
If you feel strongly about this and feel you have a valid claim, definitely seek an attorney's advice. Look for local recommendations -- DO NOT go in to just anyone, PLEASE! I try to tell people attorney are like doctors: There are good ones and bad ones, and they all have their specialties. You would go to an OB/GYN for a broken arm, and it's the same concept with attorneys. Do your research, find a good one, and DON'T pay for a consult. Anyone worth their salt will give you a free consult.
Hope this helps...good luck!