Visitor Question

Knee Pain from Getting Hit by a Car…

Submitted By: Anonymous (Queens, New York)

This occurred in Queens, New York. I was around 5 years old when I had been crossing the street with my mother, who was pushing the stroller that my little brother was in.

I saw that my shoelaces were untied and stupidly decided to tie them right by the curb between 2 parked cars. The car backed up on me and i was stuck underneath.

They took me to the hospital; my legs were in pain and in a bent position that the doctors had to force into a regular straight position. Ever since then, but not immediately after, I have had significant knee pain at least once a month, though not every month.

I didn’t have health insurance so I was never able to tell a doctor about it. A couple years ago the pain started to get unbearable at times because I was working retail and was on my feet all the time. I was also in college at the time and they had a free medical office on campus.

They told me that the pain was caused by chondromalacia (basically decreased cartilage in the knee). Currently I’m only 21 years old and work in the pharmacy as a tech; the knee pain occurs more and more often especially if I work 8 hour days. I wear a patellar support which does help a little bit, but I was told that going to a physical therapist and buying more sturdy knee brace would be best.

I am a college student, I don’t have insurance so I can’t really pay for physical therapy. I want to know whether the original driver is at fault and if I can sue them to pay for my physical therapy. I’m not looking for more money than that; I just want that and the knee braces to be covered. Or is it too late?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Regrettably the State of New York, like most states, has a 2 year Statute of Limitations. This means you had 2 years from the date of your accident to either settle your case against the driver or file a lawsuit. Once that period of time expired, so did your legal right to pursue the driver you feel was responsible for your injury.

There is an exception to the rule. The exception occurs when a minor is injured and his or her parents or legal guardians negligently or recklessly fail to pursue a legal claim on behalf of the minor.

Under these rare circumstances a court can extend the Statute of Limitations period to 2 years from the date the minor becomes 18. For you that would have been 20 years old.

Unfortunately for you that period would have expired last year.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 18, 2017

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