What to do if I just found out that I’m being sued for injury from an auto accident that occurred 2 years ago?

UPDATED: Aug 20, 2013

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What to do if I just found out that I’m being sued for injury from an auto accident that occurred 2 years ago?

If they filed a day after the 2 year statue of limitations, can they still go on with this case ?

Asked on August 20, 2013 under Personal Injury, Ohio


Gregory Abbott / Consumer Law Northwest

Answered 9 years ago | Contributor

IF it is a 2 year statute of limitations (it is here in Oregon but is 3 years in Washington for example) and the plaintiff does not file until after that statute has run, they can still file against you.  The running of the statute of limitations is known as an affirmative defense, meaning that the plaintiff can bring suit against you BUT you can get the lawsuit tossed out by going to the court and asserting your defense of the running of the statute of limitations.  In other words, they can file but you can get it tossed if you jump through the right legal hoops and follow the correct legal procedures.  Talk to a local attorney - you need to do this right.

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