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  1. #1
    Join Date
    Jun 2015
    Posts
    1

    Default Suing for a Car Accident After Seeking No Treatment for a Year

    My question involves an injury that occurred in the state of: NY
    Hello,

    Last year in July I was in a car accident that the insurance put as both of our faults. I was going to sue the insurance, and I was going to physical therapy in Brooklyn, as I used to work in Brooklyn and I would go after work. My lawyer was in BK, everything was there. I went to physical therapy 4 times a week for about two months, but then I got a new job in NJ where I live, so I stopped going to physical therapy, and I just forgot about the case. I got a letter from the lawyer saying that they would not represent me anymore since I stopped going.. etc. Now almost a year later, my back is really messed up. I have constant pain that doesnt stop, and now I know that I made a mistake by not going to physical therapy. I'm 26 years old with constant stiffness and pain in my back, sore spots and shooting pain in my leg. I wanted to know if there was any way that I could reopen my case and continue physical therapy in NJ because I really need it and I am worried about how this will affect me in the future.
    Please get back to me..thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Suing for a Car Accident After Seeking No Treatment for a Year

    You're talking about suing the other driver?

    When you have no symptoms for a year to the point that you completely forget about getting follow-up care and are fired by your lawyer, then claim a sudden onset of symptoms, you are very likely to have the defense respond that your new symptoms are completely unrelated to the original injury. See if your doctor can relate your symptoms to the old injury and try to re-engage with your lawyer, or consult a new personal injury lawyer.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,796

    Default Re: Suing for a Car Accident After Seeking No Treatment for a Year

    Quote Quoting fyorella3
    View Post
    I wanted to know if there was any way that I could reopen my case and continue physical therapy in NJ because I really need it and I am worried about how this will affect me in the future.
    Sure, you can resume medical treatment and reopen your claim but if you have to sue you don't "sue insurance" you sue the other driver.

    Since the accident happened in NY you have 3 years to file a lawsuit for personal injury.

    I suggest you pay more attention to getting treatment for your condition ASAP even if you contemplate never getting a nickel from anybody. Otherwise you risk screwing up your life forever by not taking care of it.

    You can talk to your old lawyer or consult a new one. If you get a new one make sure you address the issue of the old lawyer having a lien on your settlement (if any) for his fees and you'll want to make sure the new lawyer gets a fee waiver from the old lawyer. If he can't, don't hire him and see if your old lawyer will take you back. Otherwise you risk paying 1/3 to one lawyer and another 1/3 to another lawyer and what's left will be a pittance that won't even cover your medical bills.

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