QUESTION
What is the legal option if you are being sued for an incident that happened 5 years ago?
Asked on Oct 22nd, 2013 on Personal Injury - Rhode Island
More details to this question:
My grandson was involved in an incident at school and is now being sued along with me. It was at least 5 years ago.
10 ANSWERS
Ronald A. Steinberg
If the injured party was a child at the time, then typically, they are allowed to bring a suit through an adult within a certain time period. In Michigan, suit must be filed within either 2 or 3 years, depending on the type of claim. If the injured party is a child, then the time period is extended until they turn 18 (the age of adulthood). Then as an adult, the person can sue in their own name until their 19th birthday. If this claim is within the allowable time, the suit is valid. Either get a lawyer or turn it over to your homeowner's insurance company.
Answered on Oct 24th, 2013 at 12:18 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Maybe a 3 year statute of limitation might be an answer.
Answered on Oct 23rd, 2013 at 3:29 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Turn the suit papers over to any Homeowner's insurer that insured you and whomever your grandson lived with as of the date of incident.
Answered on Oct 23rd, 2013 at 1:29 PM
Edwin K. Niles
Was the plaintiff a minor? The statute of limitations is two years after reaching majority. Check your homeowner's policy; you may have liability coverage.
Answered on Oct 22nd, 2013 at 5:42 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Can you be sued for something your grandson did 5 years ago? Assuming that you are being sued for negligence, the statute of limitations as it relates to you is 3 years, so you need to check with your attorney on that defense.
Answered on Oct 22nd, 2013 at 5:40 PM
James Eugene Hasser
You really don't give enough info to answer this question. For instance, what was the incident, who are you and what did you have to do with it?
Answered on Oct 22nd, 2013 at 4:58 PM
It depends on the nature of the crime or tort to determine whether the statute of limitations has already run. If the statute of limitations has already run, then the case can be dismissed on these grounds, provided you make the objection in a timely manner.
Answered on Oct 22nd, 2013 at 4:02 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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Ordinarily , the Statute of Limitations for accidents is 4 years from the incident. Call you home owners insurance company immediately- delay may void the coverage you may have bought and paid for.
Answered on Oct 22nd, 2013 at 3:14 PM
NA richard@jandjlaw.com
Well, at first blush, it appears you have the affirmative defense of the three year limitation of action statute. There are exceptions, though, such as the injured party being a minor at the time of the accident. I hope you were insured for this. Give the suit papers to your insurance agent right away.
Answered on Oct 22nd, 2013 at 3:04 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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It depends on what causes of action are alleged against you and your grandson, but may want to send it to your homeowner's carrier, if you have one, because the liability coverage may provide you a defense.
Answered on Oct 22nd, 2013 at 2:31 PM