Filing a Second Claim
A person injured in a motor vehicle accident may choose to file a personal injury claim to gain compensation for their injuries. However, problems can arise during the case that may lead to a person losing their compensation or not receiving a sufficient amount. When this occurs, the claimant may want to pursue a second lawsuit to reattempt to recover damages. However, under a principle known as res judicata, this is not generally allowed.
The best way to secure the financial compensation you deserve is to entrust your case to an experienced lawyer from the beginning. To discuss your claim options as an injured motorist, contact the Iowa car accident attorneys of LaMarca Law Group, P.C., at 877-327-2600.
Understanding Res Judicata
Many claims end with the injured individuals not being granted compensation for their injuries. In some cases, a claimant may be tempted to take their case to another court in another jurisdiction. However, this is not permitted under res judicata, which basically means that the case cannot be retried unless it meets certain criteria.
According to res judicata, once a claim is resolved, the following are not allowed:
- The claimant cannot file against defendant for the same injury again
- The person cannot re-file for additional financial compensation
- The individual cannot file again for related injuries
A person needs to prepare his or her case carefully as the claim cannot be revisited. Therefore, it is important to discuss your options with an attorney if you are facing a personal injury case.
If you or someone you love has been injured in a car accident, we may be able to help prepare your case for legal action. For more information, contact the Iowa auto accident lawyers of LaMarca Law Group, P.C., by calling 877-327-2600 today.