What is the Statute of Limitations for a Tennessee Personal Injury Claim?
After an accident in Tennessee, an injury victim only has a certain period of time to file a claim for damages against those responsible for their harm. Known as the statute of limitations, if a lawsuit is not filed within this time period the victim can be completely barred from collecting any compensation for their injuries.
You need an experienced personal injury attorney to represent your interests after an accident and ensure that your lawsuit is filed in a timely manner. At the law office of Mitch Grissim & Associates, our team of highly qualified Nashville personal injury lawyers is here to help. Call the office or contact us today to schedule a free consultation of your case.
Types Of Personal Injury Cases
A personal injury lawsuit is a legal claim that seeks to recover damages for an individual who has been injured as a result of another party’s negligence or intentional harm. Personal injury cases can range from car accidents to medical malpractice and are often complex and require legal guidance.
Statute of limitations laws vary from state to state, but generally, individuals must initiate a personal injury lawsuit within a certain period of time or their right to recover damages will be lost forever.
The most common type of personal injury case is a car accident. A car accident can involve two or more drivers and can result in physical injury, emotional distress, and financial losses. If a driver is found to be negligent and at fault, they may be liable for damages resulting from the accident. Statute of limitations laws in car accident cases is typically two to three years, though in some states the deadline may be shorter.
Other common types of personal injury cases include medical malpractice, wrongful death, and product liability. Medical malpractice involves a medical professional’s negligence in providing medical care, and the statute of limitations can be as short as one year.
Wrongful death cases involve fatal accidents and can result in damages awarded to the surviving family members. Product liability cases involve defective products and the manufacturer or seller may be responsible for any damages resulting from the defect. Statute of limitations laws in these cases vary by state but are typically two to three years.
No matter what type of personal injury case you are dealing with, it is important to consult with a knowledgeable personal injury lawyer to make sure you understand your rights and that you comply with the statute of limitations.
Personal injury cases can be complex and have long-lasting implications, so getting the right legal advice from a personal injury lawyer is essential.
Filing a Personal Injury Lawsuit
If you have been injured through no fault of your own, you may be entitled to compensation through a personal injury lawsuit. The process of filing a personal injury lawsuit begins with filing a personal injury claim with the responsible party’s insurance company.
This claim must include details about the injuries sustained, the responsible party, and the amount of compensation you are seeking.
Once the claim is filed, the insurance company will review it and may offer a settlement. If the settlement is unfair or inadequate, you may need to take legal action by filing a personal injury lawsuit in court.
This legal action involves filing a complaint with the court, and the complaint should include details about the injuries, the responsible party, and the amount of compensation being sought.
The injured person is then required to serve the defendant with the lawsuit. The defendant then has an opportunity to respond to the lawsuit, and the parties may then engage in the discovery process, which involves sharing any relevant evidence. After the discovery process, both parties may go to trial and the injured person can present their case to the court.
If the court finds in favor of the injured person, a judgment may be awarded. The judgment typically includes an award of damages to the injured person for the injuries sustained. If the defendant does not comply with the judgment, the injured person may need to take further legal action, such as filing a lien against the defendant’s property.
Filing a lawsuit can be a complex and lengthy process, so it is important to seek the advice of a knowledgeable attorney to ensure your legal rights are protected.
Tennessee Personal Injury Statute of Limitations
Every state sets its own statute of limitations on legal cases. Under Tennessee law, an injury victim typically has one year from the date of their injuries to file a lawsuit for damages. This applies regardless of whether the injuries were caused by negligence, recklessness, or intentional act. The clock begins ticking from the date of the accident when the injuries were incurred.
Failure to file within a year of the accident can result in the opposing party filing a motion to dismiss in the case and the judge throwing out the claim for not being timely. This bars the victim of an accident from collecting any compensation for their claims, regardless of how serious their injuries are.
Exceptions to the Rule
It is important to note that there are a few exceptions to Tennessee’s one-year statute of limitations on these cases. One exception that extends the one-year rule is if the victim was under eighteen years old or was adjudicated incompetent at the time of the accident.
If the injury victim was a minor or incompetent, the precedent is tolled until the victim reaches eighteen years old or has their competence restored. At that point, the one-year statute of limitations begins to toll on their claims. This statute applies to medical malpractice cases and cases involving car accidents, slips and falls, and other types of personal injuries.
Exceptions With Criminal Charges
Exceptions to the rule of this lawsuit statute of limitations may arise in cases where criminal charges are involved. In Tennessee, if criminal charges are filed against the responsible party, the statute of limitations is tolled, or suspended, until the criminal case is resolved. This means that the statute of limitations does not begin to run until the criminal case is resolved.
In Tennessee, the statute of limitations for a minor’s personal injury claims does not begin to run until the minor turns 18. The complications of the Tennessee statute can be confusing, especially with the premise of a one-year deadline, so it is imperative that you speak with a personal injury lawyer if you have any questions about how to recover compensation.
Call or Contact Mitch Grissim & Associates Today
Personal injury victims are entitled to compensation. If you would like to learn more about how the statute of limitations applies in your personal injury case, call or contact Mitch Grissim & Associates today in Nashville to schedule a free consultation of your claims.