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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

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

Posted

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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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Posted

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.

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Posted

Probably not.

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Posted

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 attorney. The guidance in this "Answer" is general information about North Carolina law. It does not create an attorney-client relationship.

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Posted

Looks like a statute of limitations problem here

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Posted

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.

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Posted

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.

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