Legal Question in Personal Injury in New York

Re: statue of limitations

In New York state the statute of limitations to sue for a personal injury is generally 3 years however, the time limitations may be shorter in certain circumstances when you are suing a municipality like a City or a state agency.

Secondly, from the limited facts you gave in your question, you would not have been able to sue your employer for the injuries you sustained. Your only recourse is workers' compensation.

Thirdly, your worker's compensation case has lasted such a long time because you are recieving active treatment. As long as you require active treatment such as the third surgery you wrote of, your worker's compensation case will continue.

OF course once you have finished active treatment, the Worker's comp judge will most likely determine that your are "PPD" or permanently partially disabled and set a rate of payment(either mild, moderate, marked, or total). After surgery the wait is typically a a year.

As to hiring a new attorney? People do it all the time in worker's compensation when you meet with your new attorney they will have you sign a consent to change attorney's. Worker's Comp has a mechanism to protect both the old attorney and new attorney to make sure they are paid a fair amount.

Good luck.

Re: statute of limitations

I received your post on 5-23-2001.

Your date of accident seems to place this matter outside the negligence statute of limitations which is usually 3 years.

Also generally, the Worker's Compensation laws bar you from starting a lawsuit against your employer.

It would appear from your inquiry that you have proceeded on the correct course.

As to your Comp. claim, i do not know enough of the facts in order to properly advise you as to the time delay. Feel free to contact me [email protected] or at 212-764-5428 or 845-878-2163

Good Luck

RRG