Can I sue a doctor again after wining a personal injury claim years ago? 25 Answers as of June 03, 2013

Can I sue a doctor again after winning a claim years ago?

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Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
Statute of limitations is 3 years. You cannot Sue.
Answer Applies to: Washington
Replied: 10/27/2011
Patrick M Lamar Attorney
Patrick M Lamar Attorney | Patrick M Lamar
Not for the same acts. If it was new treatment yes you can sue the physician again.
Answer Applies to: Alabama
Replied: 10/26/2011
The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
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.
Answer Applies to: Louisiana
Replied: 10/26/2011
Law Office of Mark J. Leonardo
Law Office of Mark J. Leonardo | Mark Leonardo
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.
Answer Applies to: California
Replied: 10/25/2011
Law Firm of Martin & Wallentine
Law Firm of Martin & Wallentine | Richard Martin
Typically, the doctrine of "res judicata" applies to bar subsequent litigation over the same subject matter in a case that has already been litigated. There are exceptions however. Sometimes a new cause of action arises because a new item of damage, or loss, resulting from the same negligent or wrongful act occurs much later.
Answer Applies to: Kansas
Replied: 10/25/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    No, not for the same reason.
    Answer Applies to: Michigan
    Replied: 10/25/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    No. Not for the same acts.
    Answer Applies to: California
    Replied: 10/25/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    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).
    Answer Applies to: North Carolina
    Replied: 10/25/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    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.
    Answer Applies to: Indiana
    Replied: 10/25/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | 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.
    Answer Applies to: Tennessee
    Replied: 10/25/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    No. Win lose or draw you get one shot. Anything else would not be fair nor would it make sense.
    Answer Applies to: New York
    Replied: 10/25/2011
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    Probably not.
    Answer Applies to: Washington
    Replied: 10/24/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    No.
    Answer Applies to: Montana
    Replied: 6/3/2013
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    Once a case is concluded by judgment or settlement, it is not possible to re-open the same claim or lawsuit. The law favors finality of judgments, and settlements are always done with "Release" documents that preclude further action.
    Answer Applies to: Washington
    Replied: 10/24/2011
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    No. Not for the same incident.
    Answer Applies to: Idaho
    Replied: 10/24/2011
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    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.
    Answer Applies to: Indiana
    Replied: 2/20/2012
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