Someone recently came to me and wanted to file a lawsuit. Fine, I thought. Tell me the facts of the case. After he/she was done reciting the facts of the case, he/she mentioned that he/she had already filed a lawsuit that was dismissed. Now, they want to sue again.
Usually, you cannot file another lawsuit for the same incident. If you file a lawsuit and your case is dismissed “with prejudice” this means that your case is over. You have lost. If your case is dismissed “without prejudice” and the statute of limitations has not expired, you may be able to file your lawsuit again.
However, even if you can re-file your lawsuit, you are at a huge disadvantage. Before filing any lawsuit, you should always consult with an attorney. Even if you have to pay for an hour of time, it could save you heartache, and financial hardship, down the road.