Manassas, VA asked in Civil Litigation for Virginia

Q: Person I hit is threatening a lawsuit - how long do they have to file?

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1 Lawyer Answer
Jay Braddock Jackson
Jay Braddock Jackson
Answered
  • Fredericksburg, VA
  • Licensed in Virginia

A: This would depend upon the type of claim they are threatening. If the injured person is over 18 and the claim is that you struck them (with a vehicle?) causing personal injuries, they have 2 years from the date of the accident. If they file after that time, they are subject to a defense by you that their claim is beyond the applicable statute of limitations. If their claim is for property damage, they have 5 years. If the injured person was under the age of 18, they will generally have 2 (or 5) years from the date of their 18th birthday.

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