Case Dismissed Now Being Sued

Summary

If a case is dismissed without prejudice, the plaintiff can sue again. If it is dismissed with prejudice, they cannot. Contact your attorney for clarification.

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I had an accident three years ago and my lawyer got my case dismissed, now the person is trying to sue me.
Hello ****, I'm sorry to hear about your situation. Can you please tell me the location of the accident to provide the most relevant information?
It was in December of * on the exit ramp going towards Lincolnton
Hello ****. In Lincolnton, if a case was dismissed without prejudice, the plaintiff can sue again. However, if it was dismissed with prejudice, they cannot. Do you know which type it was?
I can’t see the rest of your message.
Hello ****. I asked if your case was dismissed with or without prejudice, as this determines if the plaintiff can sue again. Could you confirm this?
I don’t know, Michael Neece was my lawyer. I’m on social security and I’m also in bankruptcy. My brother had just passed away so I retired from my job.
Hello ****, I'm sorry for your loss. To understand your situation better, could you please tell me in which state the accident occurred? This will help me provide you with the most accurate information.
I can’t see all of your messages again, sorry
Hi ****, I'm sorry about the inconvenience. It seems there are some technical issues. I asked in which state the accident occurred. Could you provide that information?
The little message box is over your message
Hello ****, I apologize for the technical issue. I asked for the state where your accident happened. Could you please tell us that?
North Carolina
Hello ****, in North Carolina, the statute of limitations for personal injury claims is three years. If your case was dismissed without prejudice before this period, they can sue again. If it's past three years or dismissed with prejudice, they generally can't. You should contact your attorney to confirm.
What does with or without prejudice mean
"In legal terms:
- "With prejudice" means the case is dismissed permanently and cannot be brought to court again.
- "Without prejudice" means the case is dismissed but can be filed again.
For your situation, it's important to confirm with your attorney which applies to your case in North Carolina."
Thank you so much. I’ll call them back
You're welcome, ****. That's a good idea to clarify with your attorney. Should you have more questions, don't hesitate to ask. We're here to help.
I will!!
Hello ****, I'm glad to hear that you found the information helpful. Please don't hesitate to reach out again if you have any more legal questions or need further clarification on any legal matters. Take care!