Queens Injuries

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Do I still have a Queens pothole injury case after 18 months?

New York pothole-crash injury settlements commonly fall around $25,000 to $150,000, with higher results when there is surgery, a fracture, or a permanent spinal injury. After 18 months, whether you still have a case usually turns on three factors.

1. Who you can legally claim against

If another driver lost control after hitting a pothole, the usual lawsuit deadline is 3 years from the crash under CPLR 214.

If the claim is against New York City, the NYC Department of Transportation, the MTA, or another public authority because of road defects or a bus-related incident, the deadline is much shorter: a Notice of Claim within 90 days. Most suits against the City or MTA then must be started within 1 year and 90 days.

For Queens roads, ownership matters. A crash on the LIE service road, Cross Island Parkway, or a local street can involve different public entities. If the pothole claim is against a municipality and no timely notice was served, that is usually the biggest obstacle.

2. Whether no-fault and workers' comp deadlines were met

If you were driving for work as a nurse, therapist, or home-health employee, you may have had two separate claims:

  • No-fault application due in 30 days
  • Workers' compensation claim generally due within 2 years

Missing no-fault can cut off medical and wage-loss benefits unless there is a valid late excuse. Workers' comp may still be open at 18 months if it was properly reported or filed.

3. Whether the medical proof shows a New York "serious injury"

For a motor-vehicle injury case, New York requires proof of a serious injury under Insurance Law § 5102(d). Chronic back or neck pain alone is not enough. The evidence usually needs:

MRI findings, quantified range-of-motion loss, EMG results, surgery records, or documented disability lasting at least 90 of the first 180 days.

This matters even more for healthcare workers, because insurers often argue the pain is from prior lifting injuries or degenerative disc disease, not the Queens pothole event. Continuous treatment records and clear causation opinions are what keep an 18-month-old claim alive.

by Priya Sharma on 2026-03-26

This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.

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