Virginia  |  Personal Injury

Legal Question

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

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.

1 Answer

Answered on: 3/24/13, 4:51 am by Daniel Press

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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Chung & Press, P.C. 6718 Whittier Ave., Suite 200 Mclean, VA 22101

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