How Long Do I Have to File a Lawsuit After a Vacation Injury?
Vacation should provide you with an opportunity to unwind and to take your mind off everyday stressors. Unfortunately, an injury while on vacation can change all that, causing you to worry about how you are going to pay your medical bills. If you were injured while visiting Tennessee, you generally only have one year from the date of the injury to file a lawsuit. Thankfully, our personal injury lawyers at Raybin & Weissman are available to answer any questions or handle concerns you may have.
Tennessee Allows One-Year to File a Personal Injury Lawsuit
Prompt action following a personal injury is key, as Tennessee law permits an injured party to file a personal injury suit within 1 year. The legal “clock” starts at the moment of your injury. While there is no denying that this timeline is restrictive, the limitation period ensures the preservation of evidence. After more than a year has passed, eyewitness accounts of the event may become less reliable. Also, physical evidence, such as torn clothing or items at the scene, may begin to deteriorate. A case built on weak evidence will not hold up in court.
Exceptions Exist, But Never Assume One Applies to You
Tennessee law recognizes limited circumstances that can toll or suspend the statute of limitations. If your injuries were not immediately apparent, the discovery rule may delay the start of the clock until you knew or reasonably should have known about the injury. If the injured party was a minor at the time of the incident, the period may not begin until they turn 18. If the victim was legally incapacitated because of the injury, the deadline may be paused until capacity is restored.
These exceptions are real, but Tennessee courts interpret them narrowly. Do not assume an exception applies to your situation. Do not assume your deadline is later than the date of your injury without confirming it with a licensed Tennessee attorney. The cost of that assumption, if you are wrong, is your entire claim.
The safe approach is simple: call a Tennessee personal injury lawyer as soon as possible after your injury, regardless of whether you think an exception might apply.
What Happens if I Miss the Deadline?
If there are no exceptions that “toll” the statute of limitations, then you will be barred from recovery if you miss the one-year deadline. Also, the insurance company will have no incentive to settle your claim, since there will be no threat of legal action hanging over their heads. Missing the statute of limitations will prevent you from recouping medical expenses, lost wages, and any other accident-related costs. Especially if your injuries were severe, this can certainly cause financial distress.
Reach Out to Our Tennessee Personal Injury Lawyers
Understanding the legal deadlines between jurisdictions can be confusing, especially when you are visiting from out of state. Thankfully, our personal injury team at Raybin & Weissman knows that you have enough on your plate without having to worry about legal deadlines. With over 100 years of combined trial experience, our commitment to our clients is reflected in numerous successful outcomes. To arrange your free consultation with one of our Tennessee personal injury attorneys, contact us online or by calling (615) 256-6666.