Tyler, TX asked in Personal Injury for Texas

Q: My case had been dismissed w/out prejudice...can I claim for damages

A warrant of arrest had been served 9/22/2014. Svheduled jury trial 04/2017 had been cancelled and case disposed- dismissed 03/29/17.

Will the warrant issue be a factor for the defendant's ineligibility to claim for damages? Had the statutes of limitation been past due?

What specific reason why a case can be refiled if the dismissal is without prejudice.

At this point can the defendant request the records to be sealed or expunged as said public records in the public view is an obstacle for employment. How soon can it be sealed and expunged if elegible.

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1 Lawyer Answer
Gregory S Baumgartner
Gregory S Baumgartner
  • Houston, TX
  • Licensed in Texas

A: There is not enough information here to answer your question definitively. Generally, dismissal without prejudice allows one to refile a case if there is not another bar to re-filing. You should consult with an attorney in your area about the specifics of this claim.

1 user found this answer helpful

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