Can I sue for dental work after being hit?

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Can I sue for dental work after being hit?

I live in New York.

10 years ago my father sucker punched me fracturing my tooth, breaking my nose,
and fracturing my orbital. My nose and my tooth was fixed within a few months.

10 years later today, I find out that from the trauma my root of the tooth
that was chipped had become displaced. Which slowly ate away at the root for
the last 10 years and it recently became severely infected. I will have to pay
up to 2,000 in dental work to have the tooth pulled, implanted, and crowned.

Am I able to sue my father for this work? The incident happened when I was 18,
however the aftermath of the infection and ‘root resorption’ has remained
undetected until recently.

Asked on March 25, 2019 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, since you were 18 when hit, you were an adult; that means you could have sued right away (unlike a minor, who would have to wait until they turned 18). By waiting 10 years after you could have sued, you waited too long--you exceeded the statute of limitations, or time period to sue, for personal injury. That means you are no longer allowed to sue.


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