What to do if I recently filed a civil complaint in circuit court and it had a clause for damages but I later realized that I should have included other damages that I didn’t state in the original complaint?

Should I file a motion to amend or a motion to increase ad damnum?

Asked on February 22, 2013 under Personal Injury, Virginia


Richard Sachs / Berman, Kean & Riguera, P.A.

Answered 7 years ago | Contributor

Generally speaking under Florida law, you have the right to amend the complaint one time prior to the defendant filing an answer.  If the defendant files an answer and/or you have already amended the complaint once, you need to file a motion with the court asking for permission.  Without having all of the facts, it is impossible to provide a full and definitive answer. My response only applies to the State of Florida state court lawsuits.  Federal lawsuits (including in Florida) and lawsuits in other state have different rules.  Please be aware that I do not represent you and no attorney-client relationship has been established by this  message exchange. -- Richard Sachs

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