How Tennessee’s One-Year Injury Deadline Affects Tourists
Vacation should be a time to unwind, but it can come with stressors if you experience an injury during that time. If you are injured while visiting Tennessee, you typically only have one year to file a lawsuit. In certain circumstances, this deadline may be extended, but they are few and far between.
At Raybin & Weissman, our Davidson County tourist accident lawyers know that it can be confusing to keep every state’s legal deadlines straight. That is why our legal team is happy to help you obtain maximum compensation to pay for any accident-related expenses.
Tennessee Has a One-Year Limitation Period
A statute of limitations is a set period of time in which you can file a legal claim. In Tennessee, the statute of limitations for personal injury claims is one year following the incident. This deadline is certainly restrictive, with many states offering recovery of up to two or three years for personal injury victims. The limitation period is designed to preserve evidence since physical items may begin to deteriorate and eyewitnesses’ memories may fade after too much time has passed. If you attempt to file a claim after the statute of limitations has run out, you will likely be denied compensation.
There are Exceptions Which May Pause the Legal “Clock”
There are circumstances that may pause the legal “clock,” known as “tolling” the statute of limitations. Examples include the discovery rule, being injured as a minor, or suffering incapacitation. Under the discovery rule, the statute of limitations will not begin until you learned of or should have become aware of your injuries. If the personal injury victim is a minor, the legal “clock” will not begin until they turn 18. If the accident caused a person to suffer incapacity, the statute of limitations will not begin until capacity is restored.
However, these circumstances are rare, and you should not rely on them. If you do and you do not meet a qualifying exception, then you will be barred from recovery. You should never assume that the limitation period begins later than the date of your injury. Even if you have a valid personal injury claim, if you wait too long, the court will be forced to deny your claim.
Repercussions of Missing the Legal Deadline
Missing the statute of limitations will prevent you from recovering medical expenses, lost wages, and pain and suffering damages. If you miss the legal deadline, insurance will no longer have any incentive to settle your claim. Unfortunately, many people do not realize how tight these deadlines are and wait too long to bring their case to court.
At Raybin & Weissman, we believe that the wrongful party should pay for their carelessness. However, this can only be done by meeting the statutory deadlines. If you have been injured while on vacation in Tennessee, you should speak with a representative before going home. In doing so, you will provide yourself the best chance of successful recovery.
Injured? Reach Out to Our Davidson County Tourist Accident Attorneys
If you have been injured while visiting The Volunteer State, our Davidson County tourist accident lawyers would like to speak with you. With over 100 years of combined trial experience, we know when to attempt negotiations and when to take your case to court. To learn more, contact us online or by calling (615) 256-6666 to schedule your free consultation.