Filing a Second Personal Injury Claim
When individuals are injured in an accident caused by someone else’s negligent actions, they may choose to pursue legal action and fight for financial compensation to pay for medical bills, lost wages, emotional grievances, and other losses/expenses. Not all lawsuits are successful though. If you file a personal injury claim and make a mistake during the case or are rewarded a smaller amount of financial compensation than you feel you needed, you may want to file a second claim. However, this can be a difficult thing to do, unless you have the support of a qualified personal injury attorney.
If you aren’t pleased with the outcome of your first personal injury claim and are thinking about filing a second one, you need to speak with a skilled legal representative. In many cases, filing a second claim is not legally possibly and only a knowledgeable attorney will be able to advise you on your next steps. To learn about your legal options, contact a San Diego personal injury lawyer of Ritter & Associates today at (619) 296-0123.
Res Judicata and Your Case
Although you may want to file a second claim in your case, the legal principle known as “res judicata” typically prevents people from taking legal action a second time against the same defendant for the same injury. Usually, you cannot take legal action a second time in the following cases:
- Filing a claim to address issues that could have been discussed in the first case
- Seeking additional financial compensation
- Suing for additional damages that should have been discussed in the original case
In the above scenarios, your claim will typically be thrown out and you will not be allowed to take additional legal action. However, a skilled personal injury lawyer may be able to help you find a way to file another claim and get the compensation you need.
To discuss res judicata and your case, contact a San Diego personal injury attorney of Ritter & Associates at (619) 296-0123 today.