Legal advice?

My boyfriend got into a car accident two years ago at the end of june. His exgirlfriend was in the car with him and got a concussion. The car hydroplaned and flipped but no other cars were involved in the accident. She never once approached him with medical bills asking him to help them pay for it and they havent spoken in almost 2 years.

He got a summons today stating that this ex was holding a civil lawsuit against him. He hasnt gotten all the information yet.


What are the possibilities of the lawsuit?
How much would she possibly be able to get from him?
Advice?
Answer:
It all depends on your state, but the first question would be whether the statute of limitations has expired. If it has, she cannot sue. Some causes of action are one year, some are two, some are three. Sounds like two years has passed.

Second question is: does he (did he) have insurance? If so, the insuarance company should provide an attorney if necessary and make whatever payments or settlement offers are to be made. If not... oops.

If he's liable for her injuries - to be determined by a court if not settled - he could be on the hook for quite a bit. It doesn;t look like there's any other cause of the accident.

If there's no insurance company lawyer, he should contact one himself.

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A few things:

(1) If she didn't file suit within two years from the date of the incident, she's probably out of luck. The statute of limitations on civil suits in most states is two years.

(2) She can't get blood from a stone. If he doesn't have any money to give her, even if she wins she won't see a cent.

(3) Before she can get any money, she'll have to prove negligence on his part. Has your boyfriend told you anything else about the accident? If he was driving recklessly, she could have a case. However, if he was driving in a generally safe manner and just hit a bad patch of road, the court will not rule in her favor.

(4) If she did get her lawsuit in on time and she does win, she could get recompensation for any medical bills, time lost from work, and maybe some extra money for pain and suffering. It's really hard to say without more information.

(5) If she were smart, she'd file a claim against his insurance company first. If she already did, and the insurance company covered some or all of her expenses, it's highly unlikely the court will grant her further relief unless she can show gross negligence on the part of your boyfriend.