Once and for all Rule


When a common law damages claim is resolved or settled by negotiation, or there has been a common law trial resulting in a verdict, the claimant’s common law right is extinguished. Under no circumstances can either the claimant or the TAC reopen the claim. The claimant only has one opportunity to recover common law damages. Once a common law claim is resolved, it is resolved forever, regardless of any change in the claimant’s circumstances that might occur in the future.