Can I sue for dental work after being hit?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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