After 5 years my friend is getting sued

[Grant o]

Maryland, Howard County.

5 years ago my friend had an accident with another vehicle, I know no details about it but I think my friend was the offender and the other vehicle was the victim.
When this was brought to court the victim never showed (contempt is what I think its called) and the case was tossed out.
Five years later the victim is suing my friend for $15,000 in what I understand to be medical bills or for pains that the victim is feeling in their neck/back. He has been subpoenaed to appear in court ware the case will be heard. Does this case hold relevance to the original incident? Could he argue:

• That their injuries are unrelated and it’s equivocal that the two are even linked.
• There would need to be an official examination done by a 3rd party doctor.
• That this is falling into the category of double-jeopardy.

And what laws protect against similar situations?

any help would be really appreciated, I’m trying to help him find a lawyer that knows what he’s doing, but I would like to see what you think would be a good approach to this.

Thanks,
Grant O.

 

[justalayman]

unless the statute of lmitations has somehow been tolled, it has run out long ago. In Maryland, the SoL for personal injury is 3 years.

 

[ecmst12]

But the case was filed before, and was probably dismissed w/o prejudice. I don't know if that stops the SOL or not. Did your friend have insurance at the time? If so, THEY should be providing him with a lawyer.

 

[Grant o]

he had no insurance at the time of the incident (i know, thats bad ).

But here’s ware it gets spicy!

I saw an affidavit from Geico that was notarized in front of the subscriber with a date that was only 4 days before the 3 year mark as defined in the statute of limitations.

So even though they filed suit before the 3 years were up, the court case can string out for another 2 years? I’m surprised that he wasn’t notified that a case was opened the day the affidavit was signed...

 

[ecmst12]

Perhaps they couldn't find him to serve him with the papers. He'd better get an attorney.