New York Personal Injury Lawyer Q&A

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Injured in Car accident 2 years ago

From: C. Durant
Category: Car Accident
Date: 27 Oct 2008
Time: 14:13:53 -0500


My cousin had serious injuries in a car accident about two years ago. I complained at the hospital about my left knee hurting. They did not take x-rays and left me home with a diagnosis of left knee sprain. I continued to have pain in my knee for a long time thereafter and I just ignored it and took Advil. I went to my doctor almost two years later because was so severe, I had what the doctor said a tear. Can I sue at this late stage?

Re: Injured in Car accident 2 years ago

From: Paul Ajlouny, Esq.
Category: car accident
Date: 27 Oct 2008
Time: 17:22:31 -0500


Assuming that you were over eighteen at the time of the accident, the statute of limitations is three years, under New York law, for a car accident lawsuit. However, since you waited so long for treatment, the insurance company is going to claim that your injuries were not related to the accident, and there is a strong chance that a Court would agreee. In most cases, a rear end collision is automatically the fault of the following driver. However, if it was a minor collision and you did not suffer what the law considers to be a "serious injury" New York personal injury law limits your right to recovery would be limited to your "no fault" benefits, i.e. medical bills and lost wages up to fifty thousand dollars. Please call our office at 1-800-535-5029 or email us at to discuss the details of your case. Please remember that this communication is not specific legal advice and is only an overview of general aspects of New York personal injury and negligence law. It does not create an attorney client relationship and should not be relied upon without consulting a qualified New York personal injury law firm.  

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Last changed: 07/18/19