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andr00e · Jan 7, 2011, 05:04 AM

I tried to sue someone already for attacking me in small claims court but I didn't argue my story very clearly: I only asked for medical bills reimbursement and not pain & suffering. Can I attempt to refile the case this time with a better argument even though I signed the liability waiver for the previous case. Inotherwards, can I argue that the waiver applies to only the previous case, so therefore it does not apply to the refiled case?

joypulv · Jan 7, 2011, 07:12 AM

No. A refiled case is the previous case. You might not have won pain and suffering anyway; it's not as easy as you think, especially for a single incident.

JudyKayTee · Jan 7, 2011, 07:20 AM

Originally Posted by andr00e

I tried to sue someone already for attacking me in small claims court but I didn't argue my story very clearly: I only asked for medical bills reimbursement and not pain & suffering. Can I attempt to refile the case this time with a better argument even though I signed the liability waiver for the previous case. Inotherwards, can I argue that the waiver applies to only the previous case, so therefore it does not apply to the refiled case?

When you say you tried to sue that means you attempted to sue but were not successful. Do you mean you DID file the case BUT the Judge ruled against you?

You get one bite at the apple - that means you get to sue ONCE for each incident.

If you filed and lost an action for payment of medical bills following an assault and then file a second action for additional damages for the same assault it is the same incident and you will be denied. Again - you get one bite at the apple.

The waiver is moot.

AK lawyer · Jan 7, 2011, 07:25 AM

Originally Posted by andr00e

I tried to sue someone already for attacking me in small claims court but I didn't argue my story very clearly: I only asked for medical bills reimbursement and not pain & suffering. Can I attempt to refile the case this time with a better argument even though I signed the liability waiver for the previous case. Inotherwards, can I argue that the waiver applies to only the previous case, so therefore it does not apply to the refiled case?

Two questions:

Did the court enter a final judgment denying your claim?
If so, why did you need to sign a waiver?

As joypulv and JudyKayTee told you, the answer to your question is "no".

andr00e · Jan 7, 2011, 01:22 PM

Answer#1. Yes, the case got dismissed with predjuduce.
Answer#2. I signed a waiver because I thought it was requirement of the procedure to go through with the lawsuit, but I guess it wasn't and my case got dismissed with prejudice.

JudyKayTee · Jan 7, 2011, 01:44 PM

Dismissed with prejudice means it cannot be refiled.

I have no idea what waiver you are asking about, but I'm in NY and perhaps it's called something else here.