Can I receive any financial compensation from past injuries suffered 25 years ago in a car accident if they still persist?

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Can I receive any financial compensation from past injuries suffered 25 years ago in a car accident if they still persist?

I was hit by a car in 1986 at 5 years old; I sustained a fractured hip. The driver was found to not be at fault and the insurance was found not liable. The state of NJ stepped in and settled the case, agreeing to pay for my medical expenses up until I turned age 21. I’m 30 now and still deal with hip problems that are getting worse as the years go on. Is there anything that I can do to get financial compensation? At the very least, do I have a chance at a disability claim?

Asked on June 17, 2011 under Personal Injury, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If the case was already settled, it typically cannot be reopened again.

2) Furtheremore, 25 years ago is unfortunately too long to bring a new case; the statute of limitations will have long since passed.

3)  You may be entitled to certain forms of support or compensation, such as Social Security Disability; you should consult with an attorney with disability and administrative law (e.g. dealing with social security) experience.

4) Note that since employment and housing discrimination against the disabled is illegal, you may have the right to certain accomodations at work or in rental housing (for example: if you have trouble standing, the employer may need to, if possible, allow you to sit more at work, even if that means some changes in your job duties). This is something else you can discuss with your attorney.

Good luck.


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