Can You Refile Your Personal Injury Claim If It Was Dismissed?
If you were injured in some type of incident that was caused by the careless negligent acts of another party, you may be entitled to compensation for the losses and harm you suffered. In Pennsylvania, the modified comparative negligence system allows individuals that are under 51% responsible for causing an accident the ability to file a claim that can recover financial losses they suffered. Every personal injury claim is different but typically, some amount of medical expenses, pain and suffering, property damages, and missed wages can be included in a demand letter.
Personal injury claims are civil disputes and as such, they recover financial compensation and most do not have a punitive component. This is unless punitive damages are awarded by a judge or jury. Although, punitive damages happen in only rare situations. The purpose of filing a claim is to be successful and prove that your injuries and harm were caused by the negligence of another party or parties and that you deserve to be compensated for them. As such, the objective is to have your case settle for full and fair compensation or win in court. But if a court dismisses your case you could be out of luck with respect to ever being able to remedy the situation and filing your suit again.
Dismissal With or Without Prejudice
As the plaintiff or the party that files the legal suit against another party, the defendant, you have the burden of proof to show that your damages exist and that the defendant caused them. If you can show this and sway the judge or jury in your case, you will likely win and be awarded the financial compensation you need to recoup your losses.
But, if your case goes to trial and is dismissed one of two things can result. Either the judge can dismiss with prejudice meaning that you will not be allowed to refile ever again. Or the judge will dismiss without prejudice meaning that you can refile if you want.
Having experienced and knowledgeable legal counsel on your side when you are filing your claim can reduce the potential that it will be dismissed should it go to court. In Pennsylvania, the experienced personal injury attorneys at O’Donnell Law can assist you through every step of the personal claims process.
Judges have discretion when it comes to determining if a case should be dismissed with prejudice. Usually, if it is deemed that a plaintiff acted in bad faith, was irresponsible, or if the claim had no grounds and would be an unnecessary burden to the court a dismissal with prejudice is likely to ensue.
Speak with a Pennsylvania Truck Accident Injury Attorney Today
To learn more about filing a personal injury claim in Pennsylvania, please schedule a free initial consultation with the Kingston personal injury lawyers at the O’Donnell Law Offices serving clients in Kingston, Wilkes Barre, Hazleton, and Pittston at 570-821-5717 or online today. There is no fee or cost until we win your case.