QUESTION
What can I do if 7 years ago I hit someone and is now suing me?
Asked on Nov 18th, 2013 on Personal Injury - Nevada
More details to this question:
I was in a rental and hit someone 7 years ago. I will go to court next month, do I need a lawyer?
8 ANSWERS
Depending on the specific circumstances, the statute of limitations has likely run for the injury, thus you can raise that defense. If you are unsure of how to do so, you should contact an attorney in your area to represent you.
Answered on Nov 19th, 2013 at 4:29 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Get a lawyer. There is a 3 year statute of limitations. Was the case filed within 3 and has just lingered on the court docket don't you have insurance for this sort of thing?
Answered on Nov 19th, 2013 at 4:29 PM
James Eugene Hasser
You should have turned the case over your insurer and they should have assigned you a lawyer a long time ago. You have a duty to report all claims to your insurance company in a timely manner. I'd start with calling your insurance company and if they can't help, you'll need to get a lawyer to go with you to court. Good luck.
Answered on Nov 19th, 2013 at 4:28 PM
Ronald A. Steinberg
Absolutely. When did they file suit? In Michigan, an assault and battery suit (you said you hit someone) must be filed within 2 years of the incident. If it is an auto accident, in Michigan suit must be filed within 3 years.
Answered on Nov 19th, 2013 at 1:06 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If the accident was 7 years ago, the statute of limitations for a tort claim is 3-years such that if suit is not brought within 3 years of the accident, the plaintiff can not sue you on the claim. On the other hand if the suit is for breach of a lease agreement, the statute of limitations would be 6 years. Check with a lawyer to protect yourself.
Answered on Nov 19th, 2013 at 12:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, and why would you think not? Its only your life and your money at risk.
Answered on Nov 19th, 2013 at 12:37 PM
Insurance Defense Attorney serving San Bernardino, CA
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Ricks & Wear, PLC
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In California the statute of limitations for personal injury is 2 years unless the plaintiff was a minor at the time, then the statute runs 2 years after the minor turns 18. Your insurance (or if you had insurance through the rental agency) should be providing you with a defense, talk to them. If you were uninsured then you need to consult an attorney, it sounds like you have a statute of limitations defense to the whole suit.
Answered on Nov 19th, 2013 at 12:37 PM
It depends on when they filed the lawsuit. In most states, a lawsuit must be filed within 2 years of less in this type of case. There are a few exceptions to that rule. If the plaintiff filed the case too late, ask the Judge to dismiss it.
Answered on Nov 19th, 2013 at 12:36 PM