Legal Question in Personal Injury in New York

There are a couple of issues that need to be addressed with your question. The most important question is whether your attorney has already filed a lawsuit in court. You have 3 years from the date of the incident to file a lawsuit. If it was not filed within the 3-year statute of limitation then you have forfeited your right to file a lawsuit and collect for any potential damages. Assuming that a lawsuit has been timely filed, you can return for medical treatment whenever you want. Your treating physician should be ready to explain why you had not treated since your last treatment day and how your symptoms can manifest themselves almost 5 years since your last treatment. There is a legal theory termed "gap in treatment" which must be explained in order to satisfy the "serious injury" requirement in the Insurance Law. I do not know what the settlement offer is or what your actual injuries are, but, generally speaking unless you have obvious serious injuries - e.x. broken bones, surgery, etc. - 2 therapy sessions will not be enough to prove that you suffered a serious injury as required under the Insurance Law.