Suing for an Injury Twice

A person injured in an accident caused by someone else’s negligent behavior may want to pursue legal action to recover compensation. Filing a claim for compensation can prove to be a complicated process, as a person needs to follow the proper filing procedures and clearly present whatever evidence they can gather. If the claimant makes a grievous mistake during this case, they may lose the opportunity to recover the financial compensation that they need. With failure in the initial claim, a claimant may consider filing again.

If you have been injured and are considering legal action against the responsible party, contact Jacksonville personal injury attorney Donald Guthrie, P.A., at 904-296-1088 today.

Res Judicata

While a claimant may want to file for compensation a second time after an unsuccessful initial attempt, they are legal barred from doing so in most cases. A principle known as res judicata disallows a claimant from pursuing a second claim against a defendant for compensation for the same injury.

According to this principle, the following cases may not be pursued:

• Filing a second claim when the issues should have been argued in the first claim
• Filing a second claim for additional compensation
• Filing a second claim against the same defendant for the same injury

These claims may either be thrown out by the court itself or may be blocked by a defendant using a res judicata defense.

Contact Us

If you have been injured in an accident, you may be entitled to pursue financial compensation. To learn more about this legal process, contact Jacksonville personal injury lawyer Donald Guthrie, P.A., by calling 904-296-1088.