Full question:
Can I dismiss my own malpractice complaint and resubmit a complaint before the statue of limitation have expired in Illinois (even if an attorney realized that I was missing a note from a specialist and would want the case dismissed with prejudice)?
- Category: Civil Actions
- Subcategory: Dismissal
- Date:
- State: Illinois
Answer:
In Illinois, if you dismiss a claim without prejudice for the first time, you can refile it before the statute of limitations expires. However, the significance of the missing note from a specialist is unclear. To file a claim, you must have a good faith belief in its merits. A frivolous claim lacks substance or legal basis and can lead to penalties, including the payment of attorney's fees.
For more details, refer to the Illinois statute: 735 ILCS 5/2-1009, which outlines voluntary dismissals.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.