You and your family are in a serious personal injury two car accident on the New York State Thruway. A car passing you at a very high rate of speed lost control and struck your car, causing it to overturn. Unfortunately, the injuries to you, your spouse and your ten-year old child were serious.

The driver of the other vehicle was charged with Speed Not Reasonable and Prudent along with Reckless Driving. The driver was found guilty in court and convicted. The police accident report clearly shows guilt on the other party. You sue the responsible party in the other car for injuries to you and your spouse. While the injuries to your child were severe the insurance did cover all medical costs.

Four years later, your child develops a physical disability that doctors at Upstate Medical Center diagnose as being caused from the car accident. With these new medical bills, you bring a lawsuit against the person who caused your accident. His lawyers state that their client does not have to pay due to the fact that this falls under the heading of Assignment of a Legal Action, and that they had three years to file the suit. As everyone knows that is the legal time frame for filing a personal injury claim, and this time frame has elapsed. It has now been four years since the accident, and it is clearly outside the legal time limitations to file a suit. Your lawyer says that this is not true.

Questions:

1. Can you file a lawsuit on behalf of your child? Explain.
2. Does this fall under Assignment of a Legal Action? Explain.
3. Has your statute of limitations to file a suit expired? Explain.
4. Do you have a valid lawsuit? Explain.