statue of limitations

[wflower321]

What is the name of your state? New York

My husband was involved in an accident in 1991. He at that time had a drinking problem. He was 25 at the time. He hit a pedestrian and injured her hip. Since that day he has not had another drink and has been a responsible member of society. He made amends to this person and took care of all of her hospital expenses. Today we received a letter from an attorney and we are afraid that after all these years, this individual is planning a lawsuit. What would you advise please.

 

[stupidme2]

In Texas, the statute of limitations is 2 years for filing a claim on an accident. If he has proof that he paid her medical expenses, he should be fine.

 

[smorr]

The statute of limitations has run - and then some! She could be having residual problems from the accident and trying to state a claim against him for future pain and suffering. While that's too bad that she's in this predicament, she accepted his payments as restitution and it's been 12 years!

As long as he has proof of the payments of her medical expenses, they can try to make your life miserable, but won't get anything out of it. I've heard in NY it's hard to get an attorney to say "boo" to you without a retainer - but if there is any type of legal advice you can seek without hiring an attorney, look for that avenue.

I'd say you're safe.