Can you sue more than once for the same personal injury claim in Mississippi?


Let’s say you think another party’s actions are leading to an incident that has caused you harm. You decide to take legal action against this party. The details of your case, the way your case is handled and whether you have professional legal support by your side will all be important factors that will affect the outcome of your case.

It is possible to sue someone and lose. Losing a lawsuit is not an ideal outcome for a plaintiff, but it does happen. This is why it is essential that if you believe that another party is responsible for the damages you have suffered, you should speak immediately with a local personal injury lawyer. In the state of Mississippi, Bob Germany is a Jackson personal injury lawyer who can provide you with competent legal advice and help you with your claim.

Is it possible to sue several times on the same claim?

Law of res judicata or exclusion of claims is a law which states that when a final judgment in a case has been rendered, it cannot be retried. When a competent court rules on a case on the merits, it will be prohibited to continue the litigation on the same question. So if you bring an action against another party and the outcome is not in your favor, this case is closed.

Even if you disagree with the court’s decision, res judicata means that you cannot send the same party to court for the same allegations. The reason the authority of res judicata exists is that in a civilized society the courts must have a power that is respected and final. It is necessary that when the courts render a decision, it be with certainty and resolution.

In some situations, if there was a procedural legal error in your case, the filing of an appeal of the decision could occur. There is a time limit for filing an appeal and although it varies by state, it is usually not that long after a judgment has been rendered. Mississippi’s appeal period is:

  • When a judgment has been rendered or an order has been issued, there are 30 days to file a notice of appeal.
  • When a filing of the notice of appeal by another party takes place, there are 14 days to file.
  • When the entry of an order dismissing specific motions is to take place after the conclusion of a case, an appeal must be filed within 30 days.

Other times, asking for a new trial might happen. Accepting these retrial requests is not something that happens often.

Speak with a Mississippi Personal Injury Lawyer Today

When you work with a lawyer to file your complaint, you are in the best position for the most ideal result. This is true in Mississippi and across the country. Without a Jackson personal injury lawyer, you risk losing your business. This usually means that you will not be able to bring another action against the same party for the same claim. To learn more about your Mississippi personal injury claim and your compensation options, call the German law firm PLLC to schedule a free consultation at (601) 487-0555.


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