QUESTION
Can I be sued for a personal injury three years after the accident occurred? How?
Asked on Jun 11th, 2015 on Personal Injury - Washington
More details to this question:
I was in an auto accident in September of 2011. I was creeping out of an alley way and couldn't see anything on my left side because there were a bunch of cars in the way on my left side. As I was coming out this woman ran into me. She wasn't going fast enough to the point that she couldn't stop. She just wasn't paying attention because she was on her phone and she just hit me. I wasn't insured at the time of the accident and the cop ruled it my fault because "I failed the yield in a alley way" I think the other woman got a ticket too, but in December of 2010 I received a certified letter stating that I was being sued from that accident and the accident was over 3 years ago. Is it too late for them to sue me? Because from my understanding after something like this happens over 2 years ago they cannot sue. Is this true?
12 ANSWERS
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Yes, the statute of limitations (time by which the case can be filed in court) in Utah is 4 years after the date of the accident, with some exceptions that don't seem to apply in your case given the facts you have stated.
Answered on Jun 17th, 2015 at 2:21 PM
James Eugene Hasser
Check your dates in your detail, but they have 2 years to sue for an accident in Alabama. Good luck.
Answered on Jun 17th, 2015 at 2:21 PM
In Nevada, the statute of limitations (deadline) to bring a law suit for a car wreck is two years. Any suit filed after that time should be dismissed. Other states may have different deadlines.
Answered on Jun 17th, 2015 at 2:20 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Your question is confusing because you said you got a certificate in December 2010, but the accident was in 2011. I am not sure what you mean by a certificate, but the bottom line is that the lawsuit has to be filed within 2 years of the date of the accident. If it was filed after that date, there are legal maneuvers to have the case dismissed rather quickly.
Answered on Jun 17th, 2015 at 2:20 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In NY the statute of limitations is 3 years. If the lawsuit is commenced within that time, the lawsuit itself can go on for several years also. Other than that, I'm not sure of some of the factors that you relate, that you got a letter in December of 2010 that you were being sued for an accident of September of 2011.
Answered on Jun 17th, 2015 at 2:20 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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In Wisconsin there is a three-year limitations period on lawsuits for negligence. If your incident occurred somewhere else, then the statute of limitations of that state applies. Statutes of limitation are slippery: there are various exceptions and details and technicalities. Also, the clock stops running when a lawsuit is begun. Serving you a 'certified letter' is not, in most places, an indication of a lawsuit having been filed. They would need to serve you (offcially deliver to you, a summons and complaint. Is there any chance that the certified letter included court documents such as a Summons and Complaint? If so, a default judgment may have been entered against you. It would be best to bring the documents you received to an experienced lawyer, and see what needs to be done in your specific circumstances.
Answered on Jun 17th, 2015 at 2:20 PM
Thomas Edward Gates
It appears that the statute of limitation has tolled. See an attorney to verify this. Otherwise, retain an attorney to represent you in the lawsuit.
Answered on Jun 17th, 2015 at 2:20 PM
Edwin K. Niles
The statute of limitations is 2 years from the date of the incident. The suit could have been filed timely, and they are just now trying to serve you. You refer to a letter, but don?t say what kind of letter. Was it an attempt to serve you? Does it have a case number? If so, you can to the Court?s web-site and review the case.
Answered on Jun 17th, 2015 at 2:20 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Contact your auto insurance company and let them defend you.
Answered on Jun 17th, 2015 at 2:20 PM
Business Litigation Attorney serving Irvine, CA
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Lawrence Bartels LLP
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You cannot be sued for personal injury in California three years after the accident. The statute of limitations for personal injury claims is 2 years pursuant to CCP ?335.1. The only exception to this would be if there were a personal injury action on file within the prescribed time period, and you were originally named as a "Doe" defendant because your identity was unknown. Assuming this is so and discovery uncovered your name, then you can be added as a named defendant and the statute of limitations relates back to the original filing.
Answered on Jun 17th, 2015 at 2:20 PM
It depends on factors not included in your question . The statute of limitations is longer than 2 years for property damage.
Answered on Jun 17th, 2015 at 2:20 PM
Ronald A. Steinberg
In Michigan, the Statute of Limitations is 3 years for a personal injury case. I cannot address the Statutes in other states. So, in Michigan, if you are being sued by a person who was an adult at the time of the accident, and more that 3 years has elapsed, the case should be dismissed, but you would have to file a motion to ask the judge to do this. However, if the person who was injured was NOT an adult at the time, then they would have until their 19th Birthday to file suit.
Answered on Jun 17th, 2015 at 2:20 PM