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Rear ended by a car in dec 2011, have ongoing back pain/issues. Can I still try to sue? Numb/loss of feeling in leg/toes

Hauppauge, NY |

Happened in New York. Is it three years and then time runs out? Who could I contact to help? My car was fixed through the other guys insurance and the strange thing was his insurance co. wanted me to sign a piece of paper and give me a check for 500$ not to sue. Very Strange. I said no. My pain issues have been getting worse and therapy/Chiropractic Doc is too inexpensive. What steps can I take?

Attorney Answers 12


  1. You DEFINITELY should not sign anything until you have visited with a competent and experienced attorney in New York to go into further detail about the wreck and your injuries resulting from it. I would recommend that you do that this week, and ask specifically about the time limit on your ability to make a claim in NY. Most attorneys will be glad to meet with you on an injury claim like this for a free consultation but you should confirm this, and get recommendation from other sources about which attorney to see. Best of luck.

    MIKE DAISLEY is a licensed attorney in the State of NORTH CAROLINA. The response herein is NOT formal legal advice and is NOT intended to address the full specifics of the question posed. The above response is in the form of general legal education and is intended to provide only basic information. Questions often leave out critical facts which could significantly change the reply. ALL READERS ARE STRONGLY ADVISED to confer with a competent and experienced attorney to get a more complete answer.


  2. As I understand this scenario you have 3 years in which to sue. The passage of time may not have helped your case. Consult with local and qualified personal injury counsel. There are several who regularly contribute on Avvo; or ask me for a name(s). Progressive is one of the biggest abusers of the system. They regularly prey upon innocent accident victims and try to buy them off cheap. Time and again they get fined, reprimanded, etc. The price they pay is nominal to the money they save in "beating" people. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  3. The lesson to be learned here is that you should consult with a personal injury attorney right away regardless of whether or not you ultimately turn out to have a viable case. By doing so, you could have addressed the property damage and treatment issues immediately and more to your satisfaction. The only answer here is to consult with a qualified attorney as soon as possible. It may not be too late time wise but there other considerations.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


  4. I will now be the fifth attorney to say: consult an attorney in your area soon. Consider Mr. Trodden above.


  5. The statute of limitations is 3 years


  6. the statute of limitation in NY to sue for negligence is 3 years. If you are in pain, then you need a lawyer to help you get the best settlement or to put the case to suit before it is too late. Act now.


  7. In New York, you have three years in which to bring a lawsuit for personal injuries sustained in an automobile accident. You should contact a personal injury attorney to assist you in this matter. It is a normal practice for many insurance companies to try to give a very small amount of money to an individual to settle a case so they do not try to seek the proper amount of damages later. I would consult with a good attorney who could ensure your rights are protected.


  8. Contact a personal injury lawyer in tour area immediately. You need to have a lumbar mri and lower emg as soon as possible. If your no fault benefits are still in place the tests will be covered.


  9. It can take a long time for the damage from a herniated disc to manifest itself. You sound like you are suffering from a lumbar spine herniation with impingement on the thecal sac or nerve root. If not treated properly, this condition could become very serious, leading to weakness and ultimately a "foot drop." The statute of limitations for an auto accident in New York is three years. Unfortunately, the deadline for filing a no fault application is 30 days from the date of the accident. If you did not make that deadline, you have no recourse at this point.

    Under insurance law section 5102(d), to maintain a lawsuit you will have to have sustained an injury that is deemed "serious." This is a term of art, and there are a few classifications of serious injury. If in response to the defendant's inevitable motion to dismiss, your lawyer cannot establish to the court's satisfaction that you have, indeed, suffered a serious injury, or at the very least that there is a question of fact as to whether or not you have suffered a serious injury , your case will be dismissed. You need a lawyer who has a great deal of experience in proving herniated discs as serious injury.

    I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.


  10. As a general rule you will have 3 yrs to file a claim otherwise it will be lost. Now there are exceptions that may make it so that there is less time or more time.
    It sounds like you need to have an Ortho or another Dr check you out and determine what your injuries are. Good luck.


  11. As the prior lawyers here have indicated, you generally have three years from the date of accident to sue for pain and suffering if your accident was with a non-municipal vehicle.

    This post is for informational purposes only. The above information is not to be construed as legal advice.


  12. As you know by now, the statute of limitation in a personal injury matter in NYS is three (3) years. Your chance to prevail depends on many factors. However, the medical records must demonstrate that you sustained a "serious injury" as defined in insurance law section 5102(d) and further illustrated in various civil cases, especially in your particular district and/or county. Even though you have until 2014 to legally file a summons and complaint with the proper court, the time lapse will be scrutinized: by the insurance company you are attempting to elicit a settlement, the court and/or jury. A jury trial is unlikely, as generally a rear ended case with what appears to be "delayed-non life threatening" injuries will most likely be settled, or dismissed as per a multitude of defendant's motions, procedural and/or substantive.

    It is unclear from your question whether you ever sought medical treatment for your alleged sustained injuries. Further, it is imperative to ascertain whether you have re-injured the alleged area(s) and /or sustained any other injuries subsequent to the alleged incident. Many details/facts must be verified: type of work; prior injuries, general health, etc. Consult a personal injury attorney in the district/town in which the accident occurred.

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