Safety and Health Reporter
Brien Roche Law > Blog > Personal Injury > Nonsuits Personal Injury Actions

Nonsuits Personal Injury Actions

Nonsuits Personal Injury Actions

Brien Roche

Nonsuits are a powerful weapon for a plaintiff. They allow a plaintiff to voluntarily dismiss. The plaintiff then has the right to re-file within six months or the additional time on the statute of limitations, if that is longer. The right only applies in state court. It may not apply in federal court. 

Nonsuit v. Dismissal

If a plaintiff wants to retain their right of nonsuit, you should try a dismissal without prejudice. A defendant will oppose that. A dismissal without prejudice that is designated as not being a nonsuit is not a nonsuit. It is simply a dismissal without prejudice. That way the plaintiff still has the right of nonsuit.

Nonsuits Personal Injury Actions-Discovery

Once a case is nonsuited, then it is dismissed. The new action is a new action. It is not just a continuation of the nonsuited case. 

In Temple v. Mary Washington Hospital, 288 Va. 134 (2014), a nonsuit was taken. In the re-filed case, the prior discovery was incorporated. That prior discovery however only applied to the discovery and not to motions, objections or rulings made in the prior action. If there is no incorporation of discovery, then a plaintiff has a right to take another deposition of the defendant. 

Call, or contact us for a free consult. Also for more info on personal injury see the Wikipedia pages. Also see the pages on this site dealing with non suits personal injury actions.

Leave a Reply

Your email address will not be published.

Contact Us For A Free Consultation

Nonsuits Personal Injury Actions

Nonsuits Personal Injury Actions

Brien Roche

Nonsuits are a powerful weapon for a plaintiff. They allow a plaintiff to voluntarily dismiss. The plaintiff then has the right to re-file within six months or the additional time on the statute of limitations, if that is longer. The right only applies in state court. It may not apply in federal court. 

Nonsuit v. Dismissal

If a plaintiff wants to retain their right of nonsuit, you should try a dismissal without prejudice. A defendant will oppose that. A dismissal without prejudice that is designated as not being a nonsuit is not a nonsuit. It is simply a dismissal without prejudice. That way the plaintiff still has the right of nonsuit.

Nonsuits Personal Injury Actions-Discovery

Once a case is nonsuited, then it is dismissed. The new action is a new action. It is not just a continuation of the nonsuited case. 

In Temple v. Mary Washington Hospital, 288 Va. 134 (2014), a nonsuit was taken. In the re-filed case, the prior discovery was incorporated. That prior discovery however only applied to the discovery and not to motions, objections or rulings made in the prior action. If there is no incorporation of discovery, then a plaintiff has a right to take another deposition of the defendant. 

Call, or contact us for a free consult. Also for more info on personal injury see the Wikipedia pages. Also see the pages on this site dealing with non suits personal injury actions.
Contact Us For A Free Consultation

    Contact Us For A Free Consultation

    [recaptcha]