Statute of Limitations on Personal Injury Claims
Feb. 22, 2023
According to the Tennessee Traffic Crash Report, there were 192,914 total crashes statewide in 2022, including 46,971 injury crashes. In Tennessee, personal injury and accident victims may be eligible to seek compensation for their injuries through a claim or lawsuit. However, there is a filing deadline after which the plaintiff may be unable to take legal action against the negligent party. This is referred to as the statute of limitations.
At the Law Office of Joshua S. Reed, we’re poised and ready to assist and guide clients in their personal injury cases. Our highly-skilled Tennessee personal injury attorneys can inform you about the state’s injury claims process and how the statute of limitations might affect your case. In addition, we will help file your claims within the required time limit and pursue your rightful financial compensation. Our firm proudly represents clients across Knoxville, Farragut, Anderson, Oak Ridge, Maryville, and all of East Tennessee, including but not limited to Jefferson County, Union County, Hamilton County, Cocke County, Cumberland County, and Monroe County.
Understanding Statute of Limitations
A statute of limitations can be described as a time limit to file a claim or lawsuit. In a personal injury case, the statute of limitations specifies the maximum time after an injury or accident that the victim or claimant may be eligible to bring legal action. In most cases, the statute of limitations starts from the date the injury, accident, or cause of action happened.
The Statute Of Limitations for Various Personal Injuries
In the state of Tennessee, the statute of limitations for all personal injury cases – including auto accidents, dog bite injuries, pedestrian accidents, motorcycle accidents, product liability, medical malpractice claims, and slip and fall accidents – is one (1) year from the date the initial accident or injury occurred. Others include:
Civil assault and battery claims – 1 year
Wrongful death claims – 1 year
Damages to real property or personal property – 1 year
Claims filed against the Tennessee government – 1 year
In order to pursue fair compensation for your injuries and damages, it is important that you file a claim or lawsuit against the responsible party within the specified statute of limitations – as mentioned above. However, there are certain exceptions that can make the one-year filing deadline to be extended.
Exceptions to the Statute of Limitations in Tennessee
Furthermore, there are a few exceptions to the Tennessee personal injury statute of limitations that give victims an extended period to file their claim or lawsuit. These include:
Minors – Minor victims are allowed to attain legal adulthood before filing their injury case.
Wrongful death – The plaintiff died as a result of the accident or injuries sustained from the traffic crash.
Medical malpractice – The date you knew or should have known that the medical malpractice or negligence caused your injury or complications.
Absentee defendants – The responsible party lives outside Tennessee or in another state.
Wrongful concealment – The defendant intentionally or maliciously withheld evidence needed to establish liability.
Criminal charges – The at-fault party is facing criminal charges or traffic infractions.
A trusted attorney can enlighten you about your possible legal options to pursue compensation and help you take necessary legal action against the at-fault party within the required time period.
I’ve Missed The Filing Deadline. Now What?
Essentially, Tennessee courts take the statute of limitations for personal injury claims seriously. If you miss the deadline for filing your claims, your case will be dismissed by the court. This will also be your fate if you try to bring a civil action once the statute of limitations has expired. Unfortunately, you will relinquish your rights to pursue financial compensation from the insurer or at-fault party.
If you’re a personal injury or accident victim in Tennessee, you have a limited time to file your claim or lawsuit. The time period for filing passes by quickly, and you need to act immediately. Get in touch with a seasoned personal injury attorney right away to help file your claims and seek the fair financial compensation you’re entitled to.
Dependable Legal Guidance
Getting injured in a negligent accident can be difficult and overwhelming. While you may be able to recover damages through a claim or lawsuit, it is very important that you commence the civil action immediately. At the Law Office of Joshua S. Reed, we’re committed to providing experienced legal services and advocating for the best interests of accident victims and their families.
Using our extensive knowledge, we can direct you through the often-complicated procedures involved in filing claims and recovering damages. Mr. Reed and our trusted attorneys will fight vigorously for your legal rights and help you pursue the maximum possible compensation for your injuries, pain and suffering, and other available damages.
Don’t wait for the deadline to expire before filing your claim. Contact us at the Law Office of Joshua S. Reed today to speak with dependable personal injury attorneys. Our trusted team can offer you the skilled representation and support you need in your accident claims. We proudly serve clients across Knoxville, Farragut, Blount, Clinton, Oak Ridge, Anderson, and throughout the state of Tennessee.