I hurt my back in 1998 can i sue still having bad muscle pain can not get up out bed for two yrs very painful

Asked 8 months ago - Durham, NC

i have had several shots and is on a lot of meds wear tens unit daily i call worker comp no help

Attorney answers (7)

  1. Joe G. Adams Jr.

    Contributor Level 6

    9

    Lawyers agree

    Answered . The statute of limitations in NC for a simple personal injury claim is 3 years. For intentional acts and wrongful death, it can be shorter than that. After the statue of limitations expires, you lose your right to sue. However, sometimes, it can be extended if you were a minor, mentally incompetent at the time of the injury or under other very special circumstances. So, unless you were a child or incompetent at the time of the injury, it is unlikely that you can still sue. Nevertheless, since every case is different, I always recommend calling a lawyer in your state and going over the specific facts of your case.

    Every case is different. If you need answers about the specific facts of your case, you should speak with an... more
  2. Jeremy Louis Geller

    Contributor Level 11

    7

    Lawyers agree

    Answered . There is a statute of limitations which most likely applies to your case that would bar you from any recovery. Unless you were very young when the accident occurred, or some other very limited circumstances, the period to file a claim has passed.

  3. Jeffrey Mark Adams

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . Unless you were a minor or incompetent, for example, and even then its highly unlikely, your time to sue ended over a decade ago.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Michael J. Rizzi

    Contributor Level 2

    4

    Lawyers agree

    Answered . There is a statute of limitations issue for you. Statute of limitations is the time frame that you have to file a lawsuit. In NC, the SOL is 3 years for personal injury and is 2 years if you hurt yourself at work. If you were a minor at the time of the injury you may still have some time.

  5. John M. McCabe

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . Is this a personal injury case or a workers comp case? If it is personal injury case, you are likely barred by the statute of limitations, assuming you have not just reached age 18 or were not incompetent. If it is a workers comp case, you cannot sue, but if your case is still pending and has been accepted as compensable and you are still receiving benefits, the workers comp carrier is responsible for your injury-related medical bills. A lot will depend on the specific facts of your case, particularly whether they have been paying ongoing benefits to you. If it has been more than two years since the workers comp folks last paid benefits, you might be out of luck.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Looks like a statute of limitations problem here

  7. David Ian Schoen

    Contributor Level 20

    4

    Lawyers agree

    Answered . Probably not.

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