Legal Question in Personal Injury in Virginia
which state do I file?
Auto accident ocurred in Virginia. Driver borrowed brother company truck (drove drunk). Caim is being covered under the business policy. business is in VA as well. I live in Maryland? looking for longest statute of limitations.
2 Answers from Attorneys
Re: which state do I file?
Generally, if the accident occurred in VA, you would file in VA. If you missed the VA 2-year statute of limitations, you could try to file in MD (or DC, or elsewhere) where the statute is 3 years, BUT you have to have personal jurisdiction over the defendant(s). That means under these circumstances that they have to have regular and systematic contacts with the state where you want to sue (i.e., that they live there, work there, or have a regular place of business there), and you will have to serve them with process there.
Re: which state do I file?
Venue(where the injured one files) is determined in this type of case by where the accident occurred and not by which state may have the longest statute of limitations.
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