Legal Question in Personal Injury in Virginia

I am being sued for for accident property damage and personal I jury. It happened in may 2010. In the state of Virginia. I received a summons in the mail November 2012. (That's when I found out). Is this past the statute of limitations for personal injury in the state? I no longer live in VA.

Asked on 3/23/13, 1:16 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

The statute of limitations for property damage is probably 5 years; for personal injury, probably 2 years. But it is the filing date of the lawsuit that matters, so if it was filed within 2 years and service was delayed, it's fine. Note that you MUST assert the statute of limitations as a defense or it is waived. If you don't respond properly to the lawsuit, judgment will be entered against you. Also, you don't say how the matter happened (and you should not post facts here), but it may well be covered by your car, homeowners, or renters insurance. If so, contact your insurance company immediately.

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Answered on 3/24/13, 4:51 am

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