Legal Question in Personal Injury in New York

In November of 2004 I was hit by a truck and was in the hospital for quite some time. Two days after I was released from the hospital, the car insurance company was at my house to give me the paperwork to sign. At this point, I had no idea what happened to me or who I was. I ended up signing the papers (under high dosage of pain medication) and received the settlement from the insurance. Does the statue of limitations cover me to go back and sue the company still?


Asked on 11/23/10, 6:29 pm

1 Answer from Attorneys

Joseph Macaluso Macaluso & Fafinski

As a general rule, the statute of limitations in an accident case is three years in New York. A statute of limitation is simply the time limit within which you need to file a case. It is an arbitrary time period that was created to place a limit on how long a person can wait before filing a claim. As a result, if the claim is not filed in time, there is no case. This time limit can be less depending on the defendant who is at fault, or the type of claim. For example, a claim against a City type defendant must be filed initially within 90 days. In any event, it seems based upon the information provided that too much time has elapsed. While the circumstances under which you signed the papers sounds wrong, it may very well be that too much time has passed to do anything further.

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Answered on 12/05/10, 5:26 am


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