QUESTION
Can I sue a doctor again after wining a personal injury claim years ago?
Asked on Oct 22nd, 2011 on Personal Injury - California
More details to this question:
Can I sue a doctor again after winning a claim years ago?
17 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No.
Answered on Jun 03rd, 2013 at 12:31 AM
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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If you are asking if you can sue again on the same claim, the general answer is no. If you are asking if you can sue a doctor for malpractice on a different incident even though you successfully sued him in the past, then the answer is probably yes. You should consult a medical malpractice attorney in your area.
Answered on Feb 20th, 2012 at 3:56 PM
Family Law Attorney serving Bellevue, WA
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Dearbonn Law Offices PLLC
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Statute of limitations is 3 years. You cannot Sue.
Answered on Oct 27th, 2011 at 1:23 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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If you have already sued a party and won, then you are prevented from bringing suit against the same person for the same set facts that were involved in the first suit.
Answered on Oct 26th, 2011 at 12:10 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You are not providing any facts here. But if you are trying to go after the doctor for the same injury that you won on before years ago, probably not. The statute of limitations would preclude that or what is called res judicata which means you can only sue once on a claim and the prior action would bar any new action.
Answered on Oct 25th, 2011 at 11:58 PM
Steven D. Dunnings
No, not for the same reason.
Answered on Oct 25th, 2011 at 2:10 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sue again? what does that mean? Statute of limitations is three years on personal injury and malpractice. If you have sued him once the judgment in that case can be pleaded in any new case. Lawyers call this res adjudicata (Latin: the thing has been adjudicated).
Answered on Oct 25th, 2011 at 2:01 PM
Usually. you cannot sue after executing a general release. It depends on the terms of your release and your continuing injuries which may not have been covered in the release. You should seek advice from the lawyer who handled your claim, if you had one. If not, consult with a lawyer for specific legal advice and direction.
Answered on Oct 25th, 2011 at 1:43 PM
William C. Gosnell
In Tennessee and most states the Statute of Limitations is one year. Its not likely that after several years you can't file another claim.
Answered on Oct 25th, 2011 at 1:30 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No. Win lose or draw you get one shot. Anything else would not be fair nor would it make sense.
Answered on Oct 25th, 2011 at 1:28 PM
Assault Attorney serving Richardson, TX
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In all likelihood you are barred because of the previous suit. Call an attorney to be sure.
Answered on Oct 25th, 2011 at 1:07 PM
Workers Compensation Attorney serving West Palm Beach, FL
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If you sued for medical malpractice then you only have 2 years to file a lawsuit. I would imagine that any settlement previously reached with the doctor would cover all future lawsuits.
Answered on Oct 25th, 2011 at 3:54 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You cannot sue the doctor for the same claim.
Answered on Oct 25th, 2011 at 3:21 AM
No, once you've sued somebody and won you can't sue them again for the same thing.
Answered on Oct 24th, 2011 at 6:42 PM
Disability Law Attorney serving Marshall, TX
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Carlile Craig, L.L.P.
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Probably not. If you filed a suit previously, you cannot re-sue. If you have new injuries that have just now manifest, you might could bring a new claim. If you settled your previous case, the language in the settlement release will determine your ability to file a new case.
Answered on Oct 24th, 2011 at 6:42 PM
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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Probably not.
Answered on Oct 24th, 2011 at 6:41 PM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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No. 2 year statute of limitations for personal injuries.
Answered on Oct 24th, 2011 at 6:28 PM