Exceptions to Tennessee Personal Injury Statute of Limitations
In any personal injury claim, filing within the statute of limitations is necessary in order to preserve your case. If you try to file a lawsuit past the statute of limitations deadline the court can throw out the lawsuit and bar you from collecting any damages. In Tennessee, victims in accidents have one year from the date of their injuries to file a claim for compensation, but there are some exceptions to that rule. At Mitch Grissim & Associates, our dedicated attorneys are here to answer all your questions about a case. To learn more, call or contact us today for a free consultation.
Minor Age Victims
One significant exception to the one year statute of limitations on Tennessee personal injury claims is when the victim of an accident is a minor. Under Tennessee law, if a minor’s medical bills are in the parents name (which they almost always are), the parents only have one year to bring a claim on behalf of the minor. Otherwise, the minor would only have a claim for their pain and suffering once they turn 18, and they would have until their 19th birthday to file a lawsuit.
In some cases, an accident may be fatal for the victim, but it may be days, weeks, or more before the victim succumbs to their injuries. If the family of the victim wishes to file a lawsuit for wrongful death in a situation where the death was not immediate, the statute of limitations may be extended either 120 days or one year from the date of the victim’s passing depending on the specifics of the case.
Personal Injury with Criminal Charges
Finally, the statute of limitations may be extended for personal injury cases when there are associated criminal charges for the person at fault for the injuries. In this situation, the statute of limitations is extended from one year to two years for the victim to file a claim. Common examples include when a driver that causes a car accident is charged with driving under the influence or if injuries are caused by the intentional act of another during a robbery or other personal assault. To learn more, talk to a Tennessee personal injury attorney today.
Talk to Our Office Now
Have you or a loved one been injured in an accident and wish to learn more about your legal options? Call the office or contact us today at Mitch Grissim & Associates to schedule a free evaluation of your case with one of our knowledgeable Nashville personal injury attorneys now.