Can I be sued after the statute of limitations runs out

Back when this lawsuit was filed, you really needed a lawyer. The statute of limitation is an affirmative defense. The injured party can sue you, even after the statute of limitation has expired, and it is up to you to raise the statute of limitation as an affirmative defense. When you filed and served your answer to the complaint, you were required to include in your answer any affirmative defense you wished to rely upon. If you did not do so, then each affirmative defense not alleged is deemed waived. There is a statute which requires that if you want to assert a statute of limitation, you must state in your answer the specific statute number and if the statute has subsections or paragraphs, then also the specific subsection or paragraph, or the defense is deemed waived. The court hearing the case has the power to relieve you of that waiver. After more than a year, it is going to take a strong argument to persuade a judge to cancel the waiver. The sooner you make that motion, the better. If you properly and timely alleged the affirmative defense of the applicable statute of limitation in your answer, then as soon as the plaintiff states the date on which the accident occurred, you can ask the judge to rule in your favor based on the statute of limitation. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack