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?

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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. Today, 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

Answers:

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

Answered 6 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.
 


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