Can I be sued in this time period or has the statute of limitations been reached? 29 Answers as of February 26, 2013

I received a letter saying I was being sued for a car accident that happened November 26, 2010. The paperwork was filed on September 17, 2012. I would like to know could I be sued in this limit of time or has the statue of limitation been reached? I went to see the lady in the hospital and told her if she needed anything she said no. I asked her for her phone number so I could call and check on her. Each time I did no one answered. Her grandson said he was fine and did not need to be seen by the hospital but on the lawsuit both of their names are on it. Could you please tell me if they have a right to sue me?

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Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
Assuming you were not working for a governmental entity (state, county, city, political subdivision) at the time of the accident the Statute of Limitations for automobile accidents in Nebraska is four (4) years from the date of the accident. Therefore, you were sued within the Statute of Limitations as you were sued less than 2 years from the accident. There are different time limitations if you were working for a governmental entity at the time of the accident. As to you last question, "Could you please tell me if they have a right to sue me?" I do not know how to answer this question unless you are again asking about the Statute of Limitations. If you caused the accident and the other driver and her grandson were injured they have the right to sue you. As to statements about injuries and not returning your phone calls that may go to the issue of the nature and extent of their injuries; it does not mean they cannot sue you. You should, if you have not done so already, immediately contact your car insurance company as soon as possible about the lawsuit. They will hire an attorney to defend you. Between the insurance company and your attorney they should be able to answer any additional questions you have.
Answer Applies to: Nebraska
Replied: 2/26/2013
Victor Varga | Victor Varga
3 years from date of accident.
Answer Applies to: Maryland
Replied: 1/10/2013
The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
In Louisiana, an injured person has one year from the date of the accident to settle with the at-fault party or to file a lawsuit against the person. It appears that the injured person filed the lawsuit after the prescriptive (i.e. statute of limitations) period.
Answer Applies to: Louisiana
Replied: 1/7/2013
Stephens Gourley & Bywater | David A. Stephens
In Nevada the statute of limitations for personal injury claims is two years from the date of the accident.
Answer Applies to: Nevada
Replied: 1/3/2013
The Simon Law Group
The Simon Law Group | Thomas Feher
Yes, you can be sued. In personal injury matters, the statute of limitations is two years.
Answer Applies to: California
Replied: 1/2/2013
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    If you are in California, yes they filed suit within 2 years from the date of the incident. Make sure you send what you were served to your insurance carrier immediately and they will provide you with a defense (including a lawyer).
    Answer Applies to: California
    Replied: 1/2/2013
    The Smalley Law Firm, LLC | Cary Smalley
    The statute of limitations is two years from the date of the accident. So the lawsuit only needs to be filed within 2 years of the date of the accident.
    Answer Applies to: Kansas
    Replied: 1/3/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Of course they do. They have 3 years. You are supposed to turn all this over to your insurance carrier. They will take care of it. it is not for you to worry about. Visiting the hospital or calling a hundred times does not obviate your damage to somebody does it?
    Answer Applies to: North Carolina
    Replied: 1/3/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    The limitations period for negligent harms is three years, so they have nearly 11 months to sue you. If both names are on the Complaint, it is likely that the son believes he has a cause of action against you, perhaps for lost support or companionship.
    Answer Applies to: Wisconsin
    Replied: 1/2/2013
    Law Offices of Hal Wright
    Law Offices of Hal Wright | Hal Wright
    The statute of limitations for personal injury is 2 years. It appears the lawsuit was filed in time.
    Answer Applies to: California
    Replied: 1/3/2013
    The Law Firm of Stephen M. Reck, LLC
    The Law Firm of Stephen M. Reck, LLC | Scott D. Camassar
    Yes the statute of limitations is 2 years.
    Answer Applies to: Connecticut
    Replied: 1/2/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Under Michigan law, suit must be filed on or before the 3 year anniversary of the accident.
    Answer Applies to: Michigan
    Replied: 1/2/2013
    Samster, Konkel & Safran, S.C.
    Samster, Konkel & Safran, S.C. | Jonathan Safran
    There is normally a three year statute of limitations in Wisconsin which requires either a settlement or the commencement of a lawsuit within three years from the date of the accident for an adult making a claim for injuries as a result of someone's negligence such as in a vehicle collision. Based upon the information which you have provided, it does not appear as though the statute of limitations has yet expired when the lawsuit was filed against you.
    Answer Applies to: Wisconsin
    Replied: 1/2/2013
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    North Carolina has a three-year statute of limitations for filing a personal injury suit related to a car wreck. You should notify your insurance company if you haven't already done that.
    Answer Applies to: North Carolina
    Replied: 1/2/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Where did this occur? If in California, it is within the statute of limitations.
    Answer Applies to: California
    Replied: 1/3/2013
    Law Offices of George H. Shers | George H. Shers
    They have the right to file suit within two years of the accident so the suit is timely but unless the grandson owns the car he would have no cause of action against you. Turn the matter over to your insurance company if you had coverage. If not, you will need to hire an attorney to handle the matter unless you can get them to compromise at a reasonable amount. You should probably have an attorney review the matter in any case, unless you have insurance coverage, as the carrier will then handle the entire matter.
    Answer Applies to: California
    Replied: 1/2/2013
    The Law Offices of Barry Regar | Barry Regar
    California has a 2 year time limit for filing lawsuits such as described in your question. The fact that you were told by the lady's grandson that the victim was, "fine", does not prevent the lady from filing her lawsuit. You should contact your insurance company about this assuming you had liability insurance. If you didn't have liability insurance for this accident your personal assets are at risk. If you were uninsured you should contact a lawyer to explore your legal rights and liabilities.
    Answer Applies to: California
    Replied: 1/2/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    As long as it was filed within statute time, the case is good. You do not have to be served yet.
    Answer Applies to: Alabama
    Replied: 1/2/2013
    Gates' Law, PLLC | Thomas E. Gates
    Yes they can sue you.
    Answer Applies to: Washington
    Replied: 1/2/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    Yes, they have the right to sue you, the statute on personal injury since 2003 is 2 years post accident and based on the fact they filed 22 months post accident they are w/i the statute. As for grandson, even if he suffered injuries that were only symptomatic for short time still proper party to suit, even if his claim doesn't have lot of value.
    Answer Applies to: California
    Replied: 1/2/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    In SC they have three years from the date of the accident to file suit.
    Answer Applies to: South Carolina
    Replied: 1/2/2013
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    The statute of limitations in Colorado to bring a claim for injuries from an auto accident is 3 years from the date of the accident. So, yes. You should tender this matter to your insurance company.
    Answer Applies to: Colorado
    Replied: 12/31/2012
    Steven Kalishman, P.A.
    Steven Kalishman, P.A. | Steven J Kalishman
    They have four years from the date of the accident to file suit.
    Answer Applies to: Florida
    Replied: 1/2/2013
    Kittell Law Firm | Christopher Kittell
    That depends on the statute of limitations for the state in which you are sued. In my home state of Mississippi, the deadline to sue for most car wrecks is 3 years. However, if the negligent driver was on duty for a public entity (i.e. a county, city, police department, etc.), the deadline to sue is only 1 year. In Tennesse, which I am located near, the deadline to sue for all car wrecks is 1 year. If you had car insurance at the time of the wreck, you should just turn the matter over to them, as they will provide you with a lawyer to defend the lawsuit against you and he or she will know whether the statute of limitations is a defense to your case.
    Answer Applies to: Mississippi
    Replied: 1/2/2013
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    The statute of limitations in Oregon is 2 years. It looks like they filed the suit before the 2 year period was up, so it appears to be valid.
    Answer Applies to: Oregon
    Replied: 1/2/2013
    Orrock, Popka, Fortino, Tucker & Dolen
    Orrock, Popka, Fortino, Tucker & Dolen | Myron Wayne Tucker
    The time within which a lawsuit must be filed is 2 years from the date of the accident. If a lawsuit was filed within that time and you are served, you will need to respond. If you had insurance at the time, you should let your insurer know even if you think you may be safe. If you did not have insurance, and a lawsuit was filed and served you will need to file an answer or expect a default judgment against you.
    Answer Applies to: California
    Replied: 12/31/2012
    John Russo | John Russo
    Yes in most jurisdictions the statute in 3 years from the date of the accident, give it to your insurance carrier.
    Answer Applies to: Rhode Island
    Replied: 1/2/2013
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    The statute allows two years for personal injury. You may be sued as you explained.
    Answer Applies to: Georgia
    Replied: 12/31/2012
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    Sorry, but in Washington State, the statute of limitations for a car accident is 3 years. So, 'yes,' they have the right to sue you. You should definitely contact your auto insurance company immediately and advise them of the lawsuit.
    Answer Applies to: Washington
    Replied: 12/31/2012
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