New York, NY asked in Personal Injury for New York

Q: Judgment reached years prior now new injuries occurring due to original case can I open a new counter case

Recent judgment on civil case can I open the case again due to New Evidence of injuries they just emerged nerve damage

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3 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: I'm sorry for your new injuries. It's likely that at the conclusion of your original case, you signed a release. New York personal injury releases generally contain terms where in consideration for money received, the claimant releases the defendant of all claims, present and future, known and unknown at the time of signing. Reach out to the attorney who represented you in the original action and review the closing documents with them - they would be able to provide the most definitive answer, and if any provisions were made for future medical expenses or contingencies. Good luck

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: Addendum - you mention a RECENT judgment. If you mean a separate case where injuries from the first accident were exacerbated in a second accident, that's a different matter. If that's the case, discuss this with attorney for recent judgment. Good luck

Jonathan R. Ratchik agrees with this answer

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: If you already had a lawsuit in which you alleged that a person or entity caused you to sustain personal injuries, you cannot bring a second lawsuit against the same person or entity for new or unknown injuries arising out of the same occurrence for which you originally sued. Moreover, the statute of limitations for any personal injury lawsuit in New York is three (3) years from the date of incident which means your time in which to bring a lawsuit for these additional injuries has likely expired (assuming they were not caused by a subsequent, unrelated incident).

Tim Akpinar agrees with this answer

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