2006 injury at high school. Liability benefits expired. Any way to pursue reimbursement for medical expenses?

In 2006 I lost 2 teeth at a softball practice in the gym at my high school.
The school’s liability insurance paid for my initial dental work. Now 10
years later I have additional dental work that needs to be done because of
this injury. The liability insurance says that the benefits are expired /
exhausted. Is there any way for me to pursue the insurance or the school for
reimbursement of these costs?

Asked on June 17, 2016 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, the "statute of limitations," or time period within which you must sue for personal injury is only three (3) years in your state: that means, if you did not file a lawsuit within three years of the injury, it is too late, and you may not sue. Ten years is therefore much too long: you cannot sue the school after all this time. (And anyway: even if you had sued, unless you could prove the school was at fault in some way in causing the injury, you could not be able to recover compensation.)


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