Q: Can I amend lawsuit that's been filed already and get a default judgment?
I filed a lawsuit against my ex for assaulting me and causing me to have a spinal cord injury. He had a deposition and then I tried to mediate and he never responded. Now it's been 6 months and not a word from him. Can I file for a default judgment? The other question I have is that after I filed the lawsuit, I have been diagnosed with PTSD and I've completed a PTSD therapy program. I want to know if I can amend the lawsuit I've already filed, to add the emotional distress, or can I file an additional lawsuit?
A: You have a choice: either go for a default judgment; or amend your complaint, get him served with the amended complaint, and see if he responds to that. You cannot file another lawsuit for the PTSD; it would normally be considered part of your first lawsuit.
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