Legal Question in Personal Injury in New York

My brother was hit by a car while walking.

The driver stopped. He has sustained extensive injuries and in a medically induced coma since July 3. He’s still in ICU. During his only lucid moments, he expressed the desire to sue.

Question: As his sister (he’s single; no wife, no children) can I start a PI case for him?

I do not have his POA. It is drawn up, but lacks his signature. I’m in NY State. Thank you. CV


Asked on 7/18/23, 7:24 am

2 Answers from Attorneys

Unfortunately, you cannot file a lawsuit. A guardian will need to be appointed unless your brother comes out of the coma and is competent. I handle personal injury cases so feel free to reach out to me. Has a no-fault claim been filed with the driver's insurance company so your brother's medical bills and lost wages get paid (up to the policy limits)?

Eric Rothstein

Email: [email protected]

Phone: 212-577-9797

Read more
Answered on 7/18/23, 7:29 am

Depending on the extent of your brother's recovery, he may one day be able to file his own lawsuit (statute of limitations presumably three years from the accident date if a company or privately owned vehicle was involved). If he does not recover sufficiently to manage his own affairs, a guardian ad litem would be appointed to start the lawsuit and carry it through. If your brother does not survive his injuries, a wrongful death case would be made by the Administrator of the Estate (appointed by a Surrogate Court). In any event, get hold of the police report and make sure the driver's auto insurance carrier is aware of the accident. Wishing your brother well. VTY, MEZ

Read more
Answered on 7/18/23, 8:04 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in New York