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Type up a new complaint and include the missing allegations. The judge might dismiss the lawsuit because you didn’t properly allege a cause of action. Find what you forgot to allege in your original complaint.X Research source You can refile your lawsuit so long as the statute of limitations hasn’t expired.
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The clock starts running from the date of the infringement. For example, you get three years to file a lawsuit for copyright infringement.
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If you forgot to allege causation-the third element-then your complaint is defective. For example, if you sue someone for negligence, you need to allege four elements in your complaint: (1) the defendant owed you a duty of reasonable care, (2) the defendant breached that duty by falling below the standard of care, (3) that breach was the cause of (4) your injuries. You forgot to allege a required element of a claim.However, your state probably doesn’t allow you to sue for this reason. For example, you might have sued a neighbor because they painted their house an ugly color. You haven’t stated a valid legal claim in your complaint.You didn’t serve the complaint properly on the defendant.Generally, a defendant seeks to have a case dismissed for the following reasons: X Research source Once you receive it, read through the document and look to see why the defendant seeks dismissal. You should receive a copy of the defendant’s motion to dismiss. Identify why the defendant seeks dismissal.