Car Accident Statute of Limitations
If you have recently been in a car accident in The Volunteer State, you only have one year to file a personal injury claim and three years to recover for property damage. These statutory deadlines, known as a statute of limitations, are in effect to ensure fairness in our judicial system.
At Raybin & Weissman, we are dedicated to performing the “heavy lifting” necessary to advocate for injury victims. Our team of professionals understands that car accident victims need to focus on healing, not legal technicalities. If you or a loved one have recently been injured in a motor vehicle crash, do not hesitate to contact our Nashville car accident lawyers.
What is a Statute of Limitations?
A statute of limitations is a deadline set by law that prohibits an individual from taking legal action after a certain amount of time has gone by. Each jurisdiction sets different limitation periods for various claims. After extensive time has passed, physical evidence may deteriorate, and witnesses may have trouble remembering the details of the event. In trying a case years after the “cause of action” (incident from which the plaintiff is seeking relief), the authenticity of evidence may be questionable. The imposed limitation period serves a dual purpose, protecting the defendant from being sued for an indefinite timeframe.
What if I Fail to Meet the Statute of Limitations?
According to Tenn. Code §28-3-104, an accident victim has one year to take legal recourse following a personal injury. You must file your case in court before the one-year deadline to preserve your right to compensation. While there are certain exceptions to this rule, generally, if you fail to adhere to this timeline, you will likely be barred from damages.
Tolling the Statute of Limitations
However, there are exceptions under the law that may “toll” the statute of limitations. This will pause the legal clock, giving you more time to file your claim. Even if you believe that you have missed the legal deadline, you may meet certain criteria which could extend the statute of limitations.
A common example of “tolling” the statute of limitations in a car accident claim would be if you were incapacitated as a result of the incident. In this situation, you would have one year after regaining your capacity to file your lawsuit. Personal injury can be confusing, making many individuals foolishly forgo filing a claim. Thankfully, the personal injury lawyers at Raybin & Weissman have a deep understanding of the law and will know what questions to ask and avenues to explore to determine if you are entitled to compensation.
Contact Our Nashville Car Accident Attorneys Today
Following a crash, you are likely consumed with medical appointments, surgeries, and retrofitting your home to accommodate a wheelchair. Given the amount you have on your to-do list, the one-year statute of limitations may fly by, after which you may have no chance to receive the compensation that is by all means due to you.
Do not let your right to compensation be ripped out of your hands. At Raybin & Weissman, our Nashville car accident lawyers are committed to fighting for the compensation you deserve. To arrange your free consultation, contact us online or by phone today.