How many times can you file a lawsuitregarding a car accident?

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How many times can you file a lawsuitregarding a car accident?

Someone got hurt in my car; they did not go to the hospital or seek help. They then filed a lawsuit I won Today I got a knock on the door and got served a letter saying that they are filing another lawsuit on the same case almost 2 years later.

Asked on March 4, 2012 under Accident Law, New York

Answers:

Herman Klemick / Klemick and Gampel, P.A.

Answered 9 years ago | Contributor

In florida you can only sue one time for a car accident. You must include all of your damsges in the one case, including property damage, injuries, medical bills and lost wages. You can not " split your cause of action".

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the other party filed a timely notice of appeal and this is an appeal of the decision in the previous caae, it could proceed.  If this is NOT an appeal of the earlier decision and is another lawsuit suing on the same claim, it is barred.  Once there has been a final judgment in a case, one cannot sue again on the same claim and the claim is barred.  If there are other issues that the new lawsuit is raising which were not in the previous lawsuit, the case could proceed. 

Again, if the passenger is suing on the identical claim, the lawsuit is barred.  It would be advisable to refer the matter to your insurance carrier and your insurance carrier will handle it for you. 


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