Legal Question in Personal Injury in New York

Re: 17 year old in Car Accident, back problems..

The other lawyer has told you only part of the truth. Although it is possible that your failure to seek more medical attention in the immediate days following the accident will hurt your case, it far from "killed it".

You should be aware that under NY law your medical treatment required as a result of your injuries from the accident is covered by No Fault under your car's insurance policy. However, it is important that you file for those benefits immediately as there is a 30 day statute of limitations for no fault.

I've handled many cases like yours and it is important to note that the case can only be evaluated when you see how your injuries turn out and how it affects your life in the future.

If you'd like to speak further please call me at (212)977-7033 or toll free at (888)997-2354.

Re: 17 year old in Car Accident, back problems..

As you have already received several replies, I will be brief. What no one has stated is that you may need an MRI. X-rays basically tell you if you have a fracture. You need an MRI to tell you if you have a herniation, which could be the cause of your pain. You should speak with your doctor about this. It is worth repeating that you need to determine if the bus is owned by a municipality or a school district or some other entity for which you have to file a Notice of Claim within 90 days. My office handles these cases on a contigency basis so feel free to call me at 212-622-7180 if you wish to discuss your case.

Re: 17 year old in Car Accident, back problems..

Okay...first off, stop worrying. You have three years to sue from when you turn 18.

If you like, feel free to contact me to discuss which health care providers to see to best help your medical care and treatment and any case if you have one.

Good Luck

RRG

Re: 17 year old in Car Accident, back problems..

1) The appropriate way to deal with this situation is to let no fault pay for your medical bills. Just get the appropriate forms to submit bills. If your injury continually gets worse and it is a serious condition that prevents you from working for more than 90 days after the accident, or is a fracture, or something requiring surgery, get your doctor to explain the diagnosis to you, and then consult an attorney at that time. If you like I will be happy to follow up.

To answer some of your questions, there is a 3 year statute of limitations for personal injury but, 2) be aware that if the bus was owned by a municipality or school district there may be a requirement that a notice of claim be served within 90 days of the accident(just keep it in mind)since you should know by now, from the exchange of information. 3)Also, technically you are still a minor, which means the statute of limitations doesn't start to run until you are 18. 4)You say you received money from the insurance co? The insurance company for the other vehicle or your own? Did you sign a release for property damage only? Do not a general release. This absolves all future claims.

What county do you live in?

5) The No fault law is designed to provide for payment of medical bills regardless of fault, but it also will allow a court to dismiss a case that does not involve a "serious injury" as defined in the insurance law.This is also known as the no fault "threshold". It is intended to prevent soft tissue injuries such as sprains and strains from cluttering up the courts.

Problems frequently arise with the definition of "serious injury" in auto accident cases; for instance, herniated discs can be construed as soft tissue injuries, although they usually involve neurological problems, a great deal of pain, and a long recovery period. That is one of the reasons' that the statute requires a serious injury such as a herniated disc, to have kept someone away from his regual activities for a minimum of 90 out of the first 180 days after the accident.

Do not worry about trying to make out a case. If you have one, you have one. If not, you have a new car and your health, which is worth more then a phony case. If your injuries are more serious, you have time to find out, document it properly and see that it is handled by a professional.

Re: 17 year old in Car Accident, back problems..

You need to talk to a different lawyer. The fact that you returned to work did not "kinda" kill your case. It is not really relevant, what is important is what is wrong with your back and whether or not you have or will have a "serious injury" as defined in NY no fault law.