Leakey, TX Personal Injury Law Firms & Lawyers

Based on the "Detail" provided you likely cannot sue your employer for your back injury. There is a two year statute of limitations for workers compensation claims, which means that either you must have an agreement with the employer or a lawsuit must be on file within 2 years from your injury or your case is time barred and you cannot receive any money. From the information you provided, it does not appear that the employer paid any workers' compensation benefits so one of the ways the statute of limitation can be extended would not apply. There is another exception that extends this 2 statute of limitations period. If you provided "notice" to your employer that you had a work-related injury at or very near the time of your injury and the employer failed to file the required report to the Nebraska Workers Compensation Court, then the statute of limitations does not start until the employer files this report. (See Nebraska Revised Statute 48-144.04). The "notice" about your injured must either be in writing or sufficient enough, based on "a reasonable person" standard, to let the employer know that you might have a work-related injury that they may need to investigate. It is unclear from the information provided in your message whether you provided any notice to the employer so it is unclear whether this exception would apply. This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.

Slip and fall cases are very fact specific. Some plaintiffs recover on wet floor claims and others do not. You should speak with a reputable attorney about the exact details. Most attorneys will gladly provide a free initial consultation with no obligation.

Assuming that this incident occurred within the applicable statute of limitations (2 years in Indiana), you can sue. You will have the burden of proving by a preponderance of the evidence that your sister was negligent in some way that caused your son's injuries. You can recover on your son's behalf his medical bills and pain and suffering. However, before suing your sister, I would check to see if her homeowner's insurance has any med pay coverage. If all you want is the medical bills paid, that might take care of it.