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Filing a Second Personal Injury Lawsuit

Even if a plaintiff was badly injured in an accident and believes the other party was responsible, personal injury cases are not always cut and dry. In fact, there are many instances where the plaintiff is either denied financial compensation or does not receive the full amount he or she needs. In these cases, the plaintiff may want to file a second lawsuit against the defendant in hopes of a more favorable outcome.

Unfortunately, the legal principal “res judicata” prevents plaintiffs from filing a second lawsuit against the same defendant in almost every case. If you did not get the results you were hoping for in your case and want to file a second one, contact a Kankakee personal injury lawyer of Spiros Law, P.C., today at (815) 929-9292 to talk about your legal options.

How Res Judicata Affects Your Case

The legal principal res judicata is a Latin phrase meaning “a matter already judged.” Therefore, under this principal, plaintiffs cannot take legal action a second time if any of the following conditions are present:

  • You are suing for additional compensation you did not receive in the first case
  • Suing for damages that should have been brought up in the first case
  • The lawsuit is addressing issues or details that could have been in the first lawsuit

Because of the many restrictions placed on filling a second lawsuit, you need a skilled legal representative on your side to make sure you get the results you need the first time around.

Contact Us

At Spiros Law, P.C., we are committed to helping people recover financial compensation they need to pay for medical bills and other expenses so they can get through this trying time and move on with their life. Call a Kankakee personal injury attorney at (815) 929-9292 today to schedule a free consultation.