Legal Question in Personal Injury in Georgia

My daughter who was 17 at the time was involved in a 4 wheeler accident on December 9, 2009. On December 19, 2011 she was served a lawsuit by one of the persons involved suing her for injuries. What is the statute of limitations and can my daughter be sued? I am not sure what "area" of law t\his would fall under.


Asked on 12/28/11, 7:44 am

3 Answers from Attorneys

S. Carlton Rouse Rouse & Co., LLC

Unfortunately, yes. On first glance, you may believe that the Plaintiffs in the case filed suit, "out of time" because of the two years that lapsed prior to filing suit. That said, because your daughter was a minor at the time, the SOL would be tolled for a brief period extending the time allowed to file a complaint. Even more troubling is the fact that you may be responsible for the actions of your daughter, so your home insurance and/or your personal assets could be jeopardized.

You should retain a competent defense firm immediately to aggressively defend your family in this case. You currently have less than thirty (30) days to file an answer. If you have additional questions or concerns, feel free to contact Rouse & Co., LLC at your convenience.

(you can visit us online at: www.rousecolaw.com )

Best regards,

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Answered on 12/28/11, 8:43 am
Scott Riddle Law Office of Scott B. Riddle, LLC

You should first contact your insurance company and put them on notice, in case it is covered. Absent their immediate action in hiring a lawyer for you, you need to retain a qualified lawyer in your county to answer and represent you. The best resource is personal referrals from other lawyers, perhaps accountants.

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Answered on 12/28/11, 9:01 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The filing date rather than the service date matters. If they filed prior to the SOL expiring, and the service was soon after, it may be valid.

You should contact your insurance company as they may cover the damages and defend her. Unless they do you need to retain counsel to answer. That answer must be within 30 days of service, so your time has nearly run.

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Answered on 12/28/11, 6:08 pm


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