Statute of Limitations on a PI Case in Tennessee
Author: David Weissman
Whether you have been the victim of a car accident, slip and fall, or dog attack, it is difficult to anticipate the full extent of medical expenses and lost income.
Injury victims will have a limited amount of time to seek recovery, differing based on the state you live in and the type of legal action you are pursuing. In Tennessee, you only have one year to file a claim following a personal injury. If you attempt to file a claim after the one-year statute of limitations has passed, you may be barred from recovery.
Even if you believe that the time limitation has been exhausted, you should reach out to the Tennessee personal injury lawyers at Raybin & Weissman today.
What is a Statute of Limitations?
A statute of limitations is a time limit implemented by law. Based on the type of action, an individual must pursue legal action in a certain time frame. If you wait longer, you risk being prohibited from receiving compensation. The statute of limitations is put into effect to avoid stale evidence from being used when trying a case.
Under Tenn. Code §28-3-104, a plaintiff in a personal injury case is only allowed to make a legal claim up to one year after the “cause of action accrues” (the date of the incident). Legislation assumes that after one year has passed, an eyewitness’s memory will become hazy, and physical evidence will deteriorate.
Exceptions to the Limitation Period
While the one-year limitation period applies to most cases, there are circumstances that may pause the legal “clock” (known as tolling the statute of limitations):
Discovery Rule
If you had internal injuries or symptoms that presented at a later time, the statute of limitations will not start running until the date at which you discovered your injuries or should have discovered your injuries. Once your injuries are discovered, you will only have one year to take legal recourse.
Minors
If you were minor at the time of the incident, under Tennessee law, the statute of limitations tolls until a minor reaches their 18th birthday. At which time, the individual will have one year to file a claim.
Insanity or Incompetency
If the individual is deemed mentally ill or lacking capacity, then Tennessee law tolls the one-year statute of limitations. However, the individual will only have three years to file a legal claim once regaining capacity.
Skilled Counsel Advocating on Your Behalf
Adequate compensation can only be achieved with competent counsel, which is what you will find when you work with Raybin & Weissman. Our Tennessee personal injury lawyers have experience helping those eligible for relief acquire the damages that are rightfully theirs. We have seen a wide range of situations and know what steps to take to fight for the monetary award you deserve.
Injured? Contact Our Tennessee Personal Injury Lawyers Today
If you or a loved one has suffered an injury, do not hesitate to contact the lawyers at Raybin & Weissman. With over 100 years of combined trial experience, our Tennessee personal injury lawyers will help secure the financial resources you need to heal physically and mentally. To learn more or to schedule your free consultation, contact us online or by phone today.