Legal Question in Personal Injury in New York

Delivery truck comes out of bus lane

A delivery truck driver was parked in the bus lane. He had no indicator lights on or anything but ends up ramming into my rear passenger side door,causing not only $4,600.00 in damage to the vehicle but I sustained injuries which have gotten worse over time.Long story short;spinal fusion,shoulder arthroscopic surgery,spinal cord stimulator implanted and several months later taken out.Had PTSD symptoms in the past(90's)but started a non-profit organization,patented two educational board games,was writing a children's book and was a super(services for free lodging) just prior to the accident.Now my life has been put on hold and I feel like such a failure.I may still require additional surgeries and my urologist wants to put in a bladder pacemaker to control my overactive bladder.I still have cervical issues which have noth been addressed but the tinnitus and headaches are enough to drive a person to question their existence on earth.My daughter is now acting up and is depressed due in part to me being in this accident(was 13 when it occurred).Four years later, I would like to know do I have a case?


Asked on 5/31/09, 1:58 am

3 Answers from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Delivery truck comes out of bus lane

Yes, your daughter can still sue the delivery truck.Although the statute of limitations runs three years post accident, for minors that does not start until they reach 18. Please contact my office as soon as you can. My website is www.kesslerlawyer.com.

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Answered on 5/31/09, 7:16 am
David Slater David P. Slater, Esq.

Re: Delivery truck comes out of bus lane

Soundslike you do.

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Answered on 5/31/09, 8:04 am
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Delivery truck comes out of bus lane

Unfortunately, it seems that you may have missed your opportunity to file a claim as the statute of limitations (the time you have to file a claim) may have expired. The statute of limitations on personal injury claims in New York are 3 years. For a more detailed conversation and to determine if you did lose your right to file a claim please contact me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. You can also visit us on the web at www.1800wefight.com. We have convenient locations all over New York and I look forward to fighting hard for your rights.

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Answered on 6/01/09, 6:04 pm


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