If about a year ago when I was 17 I was punched in the jaw by someone who was not a minor, is it too late to sue for my injury?

UPDATED: Sep 29, 2022

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If about a year ago when I was 17 I was punched in the jaw by someone who was not a minor, is it too late to sue for my injury?

The incident was witnessed by the attackers underage brother and his friend also underage. At the time I recieved medical attention and X-rays were taken but they did not determine any significant damage they were unsure if broken. New Link Destination
day, I am no longer a minor, and still experience some light/moderate symptoms I fear tmj disorder. I would like to know if based on the details described above, a lawsuit can be applicable. Do I have a case, should it turn out to be YMJ or even if not?

Asked on August 27, 2015 under Personal Injury, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It is not too late to sue for your injury because NY has a three year statute of limitations in a personal injury case.  This means the lawsuit must be filed prior to the third anniversary of the date of the injury.
You can sue the attacker for assault and battery.  Assault and battery are both criminal and civil.  Assault and battery are separate causes of action claims in your lawsuit.
Your damages monetary compensation you are seeking in your lawsuit would include compensation for the medical bills, compensation for pain and suffering, compensation for wage loss, and punitive damages a substantial amount to punish the intentional, wrongful acts of the attacker.
Compensation for the medical biils is straight reimbursement.
Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports which document the nature and extent of your injury.
Compensation for wage loss is straight reimbursement.
You have a case for assault and battery whether or not you have TMJ.

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 AttorneyPages.com 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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