Robert Hammers | February 6, 2026 | Georgia Law
Civil and criminal legal proceedings can conclude in many different ways. Some of the most common outcomes are dismissals with prejudice and dismissals without prejudice. These legal terms determine whether a case can be refiled and have significant implications for the future of a claim.
Both of these outcomes may appear in personal injury claims like car accidents, medical malpractice, and other accident cases.
Dismissal Without Prejudice
When a court dismisses a case without prejudice, it means that the case is no longer before the court, but the plaintiff retains the right to refile it in the future. This type of dismissal does not resolve the case on its merits. The underlying legal claims are not evaluated. It is often granted for procedural or technical reasons.
Common reasons for dismissal without prejudice include:
- The plaintiff failed to serve the defendant properly
- The case was filed in the wrong jurisdiction
- The complaint lacked the necessary information or documents
- The plaintiff missed a deadline, but under excusable circumstances
In such cases, courts allow the plaintiff to correct the errors and try again. This dismissal is common in early stages of litigation, where mistakes can be fixed without unfair prejudice to the other party.
A dismissal without prejudice offers a second chance. However, if a plaintiff repeatedly fails to initiate a case properly, a court may ultimately dismiss it with prejudice.
Dismissal With Prejudice
In contrast, a dismissal with prejudice is final. It means the case is dismissed permanently, and the plaintiff is barred from bringing the same claim again.
Common reasons for dismissal with prejudice include:
- The plaintiff has failed to pursue the case despite opportunities
- Settlement has been reached
- The claims are frivolous, lack legal merit, or are clearly barred (e.g., by statute of limitations)
- Repeated violations of court orders or rules
Plaintiffs can appeal a dismissal with prejudice since it is considered a final judgment on the merits of the case. If a party believes the trial court made a legal or procedural error (e.g., misapplying the law, failing to consider key evidence, or violating due process), they may file an appeal within the applicable time frame set by the court rules.
The appellate court will review the lower court’s decision for and if it finds that the dismissal was improper, it can reverse the decision and remand the case for further proceedings. However, appellate courts typically give deference to the trial court’s discretion, especially if the dismissal was based on repeated procedural violations or misconduct.
Other Possible Case Conclusions
Aside from dismissals, civil and criminal cases may end in various other ways.
Here are some of the most common:
- Voluntary Dismissal. The plaintiff chooses to withdraw the case, often early in litigation. This can be with or without prejudice, depending on whether it’s the first dismissal or subject to court conditions.
- Settlement. The parties agree to resolve the dispute privately. Courts may dismiss the case after settlement.
- Summary Judgment. The judge rules in favor of one party without a trial because there are no disputed material facts. This results in a final judgment on the merits.
- Trial Verdict. A case can conclude with a jury or bench trial, ending in a verdict for one party. The losing side may have the right to appeal.
- Default Judgment. If the defendant fails to respond or appear in court, the plaintiff may win by default.
- Dismissal for Lack of Jurisdiction. The court determines it does not have the legal authority to hear the case, typically ending the case without prejudice.
Together, these outcomes show that not every case ends the same way—and the path to resolution depends on the facts, the parties’ decisions, and the court’s authority at each stage of the process.
Contact Hammers Car Accident & Personal Injury Lawyers for a Free Consultation
A dismissal without prejudice allows for correction and refiling, giving the plaintiff another chance to pursue the claim. A dismissal with prejudice, however, permanently ends that dispute. If you’re facing a dismissal or have questions about how it affects your case, getting legal guidance early can make a critical difference.
Reach out to Hammers Car Accident & Personal Injury Lawyers for help today. We proudly serve clients throughout Fulton County and the greater Atlanta metro area in Georgia, with offices in Atlanta, Sandy Springs, Lawrenceville, Smyrna, Roswell, and Mableton.
Hammers Car Accident & Personal Injury Lawyers – Atlanta
201 Joseph E Lowery Blvd NW Suite 312, Atlanta, GA 30314
Open 24/7
(770) 900-9000
Hammers Car Accident & Personal Injury Lawyers – Sandy Springs
5555 Glenridge Con, Suite 975, Sandy Springs, GA 30342
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(678) 990-7024
Hammers Car Accident & Personal Injury Lawyers – Lawrenceville
265 Culver St S. Suite A. Lawrenceville, GA 30046
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(678) 626-5067
Hammers Car Accident & Personal Injury Lawyers – Mableton
5701 Mableton Pkwy SW Suite 108, Mableton, GA 30126
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(706) 480-5487
Hammers Car Accident & Personal Injury Lawyers – Smyrna
2400 Herodian Way Ste#220, Smyrna, GA 30080
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(678) 922-4497
Hammers Car Accident & Personal Injury Lawyers – Roswell
110 Mansell Cir #111, Roswell, GA 30075
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(678) 582-8466
About Robert M. Hammers Jr.
Robert M. Hammers, Jr. is the managing partner at Hammers Car Accident & Personal Injury Lawyers in Atlanta. Committed to justice, he represents individuals harmed by negligence, focusing on personal injury litigation.
With over 50 jury trials and $100 million in verdicts and settlements, Rob is known for his strategic thinking and dedication to achieving the best outcomes for his clients. He serves on the Executive Committee for the Georgia Trial Lawyers Association, the American Association for Justice Board of Governors, and the Plaintiff Leadership Committee in complex multi-district and toxic tort litigations, where he advocates for injured individuals and shapes legal strategies.
Robert is also recognized on Justia for his excellence in personal injury law, further highlighting his reputation and commitment to client advocacy.
