Legal Question in Personal Injury in Minnesota

Re-initiating Previous Cancelled Law Suit

I was in an accident in April 1998. I suffered back injuries and initiated a suit in April 1999.

I cancelled the case because my back was feeling better.

Since the accident i have had back problems on & off.

I didn't file suit again because i thought i couldn't.

Could you please advise me as to whether i can still file suit or reopen my case?


Asked on 10/03/01, 2:03 pm

1 Answer from Attorneys
Jeffrey D. Thill Thill Law Firm, P.A.

Re: Re-initiating Previous Cancelled Law Suit

The answer to your question depends on how you "cancelled" your case. If you or your lawyer dismissed your case "with prejudice", then you would not be able to commence the lawsuit again. If the case was dismissed "without prejudice", you may be able to commence the lawsuit again.

I would recommend you contact an attorney immediately. The attorney can request copies of whatever was signed by your former attorney and advise you as to your rights.

Minnesota does have a 6 year statute of limitations on negligence actions. Thus, unless you have served another Summons & Complaint within 6 years of the date of your accident, your case will be barred regardless of the merits

I would be happy to discuss this matter with you.

My business phone number is 952-512-7512.

Jeff Thill

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Answered on 11/07/01, 7:58 pm


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