Legal Question in Personal Injury in New York

My brother was hit by a car while walking.

The driver stopped. He has sustained extensive injuries and in a medically induced coma since July 3. He’s still in ICU. During his only lucid moments, he expressed the desire to sue.

Question: As his sister (he’s single; no wife, no children) can I start a PI case for him?

I do not have his POA. It is drawn up, but lacks his signature. I’m in NY State. Thank you. CV

Asked on 7/18/23, 7:24 am

2 Answers from Attorneys

Unfortunately, you cannot file a lawsuit. A guardian will need to be appointed unless your brother comes out of the coma and is competent. I handle personal injury cases so feel free to reach out to me. Has a no-fault claim been filed with the driver's insurance company so your brother's medical bills and lost wages get paid (up to the policy limits)?

Eric Rothstein

Email: [email protected]

Phone: 212-577-9797

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Answered on 7/18/23, 7:29 am

Depending on the extent of your brother's recovery, he may one day be able to file his own lawsuit (statute of limitations presumably three years from the accident date if a company or privately owned vehicle was involved). If he does not recover sufficiently to manage his own affairs, a guardian ad litem would be appointed to start the lawsuit and carry it through. If your brother does not survive his injuries, a wrongful death case would be made by the Administrator of the Estate (appointed by a Surrogate Court). In any event, get hold of the police report and make sure the driver's auto insurance carrier is aware of the accident. Wishing your brother well. VTY, MEZ

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Answered on 7/18/23, 8:04 am

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