What’s the Deadline to File a Tennessee Personal Injury Lawsuit?
If you believe you have grounds to file a personal injury claim in Tennessee, you only have one year to file it, though there are rare exceptions to this rule. You need facts to base your lawsuit, and they’re found through an investigation, which takes time. You must protect your rights by contacting the Hicks Law Firm as soon as possible after your accident.
If you’re injured due to the negligence of another party, seeking help from a Nashville personal injury lawyer can help you start the process of obtaining compensation for what you’ve been through. Tennessee personal injury attorney Aaron Hicks has helped thousands of clients, and he can help you too. Call 615-200-0084 or fill out our online contact form to learn more what you should do next.
What is Tennessee’s Personal Injury Statute of Limitations?
Tennessee is one of only three states with a deadline to file a lawsuit that’s only one year. Most states have a statute of limitations of two or three years, though North Dakota and Maine have six years. The deadline starts running, in most cases, when you’re injured. In most personal injury cases like vehicle accidents or slips and falls, you’ll know right away you’re hurt and have a good idea who’s responsible.
In other cases, you may be unaware of your injury for a long time. Your exposure to something toxic may take years to result in a noticeable injury. A defective product such as a medical device may start harming you without you being aware of it for weeks or months. In these cases, Tennessee courts use the “discovery rule,” or the clock starts ticking on your lawsuit when you know of the problem and who is responsible or should know if you use reasonable care.
If you miss the statute of limitations, your case will probably be dismissed. It doesn’t matter what happened, how strong your case is, or how severely you’re injured. The state legislature didn’t want to allow plaintiffs to file later than this to make the process easier for defendants and the courts. The longer a filing is delayed, the harder it can be to find evidence concerning a case. This is also a way to cut the number of cases that would be pending in the state’s court system.
What are Exceptions to the Rule?
In nearly all cases, there aren’t valid reasons to violate the statute of limitations, but there are some exceptions, including the following:
- Deadlines are more flexible when a person under eighteen years of age, adjudicated incompetent, or lacking capacity are the injury victims. The statute of limitations starts to run when the minor turns 18, or the person has been declared competent. The person’s parent or legal guardian may need to file the lawsuit within one year, but they may get up to three years if they can establish by clear and convincing evidence the person did not and could not reasonably have known about the possible cause of action
- Time a defendant spends out of the state may not be counted as time towards the statute of limitations
- The statute of limitations is two years if the person responsible for your injury is also criminally charged based on the same conduct
Although these exceptions are available, you should try to avoid them if possible because something peculiar about your case’s facts could cause a judge to rule they don’t apply to you. The statute of limitations is like a blade cutting you off from compensation. You want to do all you can to ensure you’re on the right side of the blade.
How Should the Statute of Limitations Impact What I Do About My Accident and Injuries?
“He who hesitates is lost” is an old and popular proverb that applies to accident victims. Lawsuits don’t spring out of thin air. They’re the result of an investigation by a personal injury attorney into the cause of your accident and the extent of your injuries. The responsible parties can be determined based on the facts that are found. Legal arguments can be crafted about why they’re responsible for your injuries and why Tennessee law requires them to compensate you.
The more time we have to do this, the better job we can do for you. You don’t want to paint yourself into a legal corner by needlessly delaying contacting and retaining the Hicks Law Firm. Pointless delay can be a self-inflicted wound that could be fatal to your legal rights to compensation.
Aaron Hicks is a Nashville Personal Injury Lawyer You Can Trust
We help our Tennessee clients regain their lives by obtaining the most compensation possible for their injuries and the adverse effects on their lives. Thanks to years of experience, the personal injury Hicks Law Firm can help you with the compensation you deserve and enable you to return to work and recover from your injuries. Call us at 615-200-0084 or fill out our online contact form so we may discuss your case.
Aaron Hicks is a civil trial attorney and founder of Hicks Law Firm, based in Orange County with offices in San Diego and Tennessee. His practice includes representing plaintiffs in personal injury cases including motor vehicle accidents, premises liability, dog bites and wrongful death. Mr. Hicks is and AV Rated attorney, Super Lawyer and is currently on the Board of Directors of the Orange County Trial Lawyers Association where he serves as 1st Vice President.
