Amending Damages in a Civil Case After Summons Service

In civil litigation, circumstances may arise where a plaintiff needs to modify their requested damages. This article discusses the process and considerations involved in amending the amount of damages requested after the defendant has already been served with the summons.

Can You Amend Damages After Summons Service?

The ability to change the requested damages after the defendant has been served with a summons largely depends on specific procedural rules and the current stage of the litigation process.

If the summons only includes a jurisdictional limit by the court level selected, there is room for the plaintiff to amend and increase the amount of damages. This is because the complaint has not yet been served, and until the complaint is filed and served, the exact amount of damages is not determined.

Amending the Claim for Damages

There are instances where a plaintiff may want to amend the claim to lower the amount of damages requested. This can often be done through a motion to amend. No party would object to such an amendment if it is done in good faith, as there would be no prejudice to either side.

Changing Theory of Causation

Conversely, if the plaintiff seeks to change their theory of causation from negligence to breach of contract, this may be more complex and could require the discontinuance and refiling of the case. This approach is more straightforward when the summons has not yet been served and the statute of limitations has not been triggered.

STATUTE OF LIMITATIONS and Other Exclusory Provisions

It is crucial to consider the statute of limitations and other exclusory provisions. If the statute of limitations has run, any attempt to increase the amount of damages later may be blocked. Statute of limitations is the legal time limit in which a lawsuit can be filed and it starts from the time the incident occurred.

Claims initiated with extraordinarily large amounts of damages often do so with the intent of starting the clock on the statute of limitations and ensuring the case is timely. This strategy is legal but can be seen as aggressive or even unrealistic by some.

Conclusion

Amending requested damages in a civil case after the defendant has been served with a summons can be a delicate process. It is advisable to consult an attorney to navigate the complexities and ensure that any amendments are handled properly.

Nonetheless, all parties should be mindful of the potential objections and roadblocks that may arise when attempting to increase the amount of damages after the complaint has been filed. Amending damages up front, if possible, can save significant time, effort, and potential legal issues later in the case.