How Long Do I Have to File a Personal Injury Claim in Tennessee?
If you’ve been injured because of someone else’s negligence, it’s vital that you understand how long you have to file your injury claim. Like all other states, Tennessee has a legal deadline for filing personal injury claims, called the statute of limitations. Understanding this deadline and acting fast can be crucial to securing your deserved compensation.
Understanding a Statute of Limitations
A statute of limitations is a legal limit that determines how long you have to file a lawsuit or take legal action after an incident, such as an accident or injury, happens. These statutes exist to ensure cases are filed while evidence is still fresh and witnesses can clearly remember what they saw or heard. Over time, evidence can be lost or tainted, and witnesses may forget critical details.
What Is the Statute of Limitations for Personal Injury Claims in Tennessee?
Most personal injury plaintiffs in Tennessee have one year to file a lawsuit. This deadline is codified in Tennessee Code Annotated § 28-3-104. The Tennessee one-year deadline applies to most personal injury cases, including;
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall accidents
- Medical malpractice cases
The statute of limitations can significantly impact your right to seek compensation. Not filing your claim within the set time limit could mean losing the right to pursue your case, even if you have a strong case.
When Does the Statute of Limitations Clock Start Ticking?
Usually, the clock starts ticking on the day an injury occurs. For instance, if you are involved in a car crash today and you suffer broken bones, you generally have one year from today to file your personal injury lawsuit. In cases involving things like car accidents or falls, claimants usually know immediately that they have been hurt. However, in other cases, someone may suffer harm in a less obvious way that may take time to become noticeable. There is an exception that applies to these kinds of cases (discussed in the next section).
Exceptions to Tennessee’s Statute of Limitations
While in most cases, the clock starts ticking on the date of the injury, there are some exceptions under the law, including the following;
- Discovery Rule
If an injury or its cause is not immediately apparent, the one-year clock may start from the date you discovered (or reasonably should have discovered) the injury. This is called the “discovery rule.” Often, this applies in medical malpractice or toxic exposure cases, where it might take time for injuries to become known.
- Minors and Mentally Incompetent Individuals
If the victim is below 18 years or legally incompetent, the statute may be paused until they turn 18 or become legally competent. After they turn 18 or become legally competent, they generally have a year to file their claim.
- Wrongful Death
Wrongful death cases (where a person dies due to another person’s negligence) must typically be filed within a year of the death, and not the date of the injury that resulted in death.
Because exceptions are applied narrowly and can be complex, it is essential to speak with a skilled attorney as soon as possible to understand how the statute of limitations may apply to your specific case.
Contact Us for Legal Help
Consult our Knoxville personal injury attorney at Reynold, Brezina & Stewart, PLLC, as soon as possible to ensure critical evidence is preserved and your claim is filed on time.
Source:
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