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.

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!

That advice is very sound & I agree.

It might help to write up a timeline to clarify the jaw operation vs a work related version of TOS..
Might even be both or one feeds of the other..
Was the jaw operation for TMJ?

How long were you an accountant?
a few years vs many many years??

After doing the timeline , sx and drs seen as best you can, it might pay to also consult w/ some work comp attys (search for good ones - same as suggested below) just in case. see what they say about it.

A second independent opinion that the surgery or the job was the start would be good, but either or both types of attys should be able to direct you best on that after you find a good one.

They probably won't be too helpful until you actually sign with them... maybe maybe not... if you sign w/them they will get a % of any monies paid to you.

Go to a disability attorney(s) in your phone book for free consultations. Never pay.

Even if Statute of Limitations, usually language such as "knew or should have known by that point" is the controlling factor. Also, continual tramas are where neuro TOS really comes in - we enter data at bad ergo stations for years and poof! Tos, and lifetime of pain and disability.

I was an attorney 10 years, 6 of those I was also a Pro Tem Judge - but now, in one year at a bad desk set up, I am 100^ disabled and it's been 8 years and I have lost my life.

My partner has saved my life so many times. I also have RSD and my nerve damage mimics Myastonia Gravis - if my pain meds are insufficient, my chest muscles can freeze up and I cannot breathe unless I breath myself - aware, awake.

It's been a horror. So that's that. You live with what you have and FIGHT.

God Bless.

also, if you have a Worker's compensation Board (where they have the trials), you can watch the applicant waiting room and see attorneys who are good or share info. with other TOSERS