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


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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