When you are involved in a car accident, a slip-and-fall, or any other incident where another person is the cause of the accident, you may be thinking of filing a personal injury lawsuit. If you are thinking of filing a personal injury lawsuit, it is critical to understand when you need to bring the claim because there is a set time period of when it needs to be brought; such time period is called the statute of limitations.
Time Limit
Under Tennessee law, the personal injury statute of limitations sets a one-year deadline for filing of all lawsuits seeking a legal remedy for injuries to the person. The “clock” begins to run on the date of the underlying accident, and you have one year to get the initial documentation filed in court; the initial documentation includes the complaint and other required paperwork.
What if I do not File on Time?
Tennessee law provides that the statute of limitations is a one-year deadline for filing of all lawsuits for claims of personal injury. If a party fails to file the proper paperwork within the statute of limitations, the opposing party will likely file a motion to dismiss the case. There are certain occasions where an exception may arise and entitle you to extra time, but that rarely happens; if there is nothing permitting extra time, the court will grant the dismissal.
Filing on time is very helpful for negotiation purposes. If the other side knows that the one-year deadline has passed, you lose all negotiating leverage and ability to settle the matter because threats no longer have weight. When the claim is properly filed, it gives the party seeking a remedy more room to make requests to cure their injuries.
Exceptions to Statute of Limitations
Tennessee has recognized a number of different ways that might delay the running of the “clock,” or pause the clock after it begins to run on the date of the underlying accident; as such, it effectively extends the filing deadline.
First, if at the time of the underlying accident, the injured party is a minor (under 18 years old) or has been legally adjudicated incompetent. As a result, the injured party will be entitled to one full year to get their personal injury lawsuit filed once reaching the age of 18 or having their competence restored.
Second, if the party responsible for the injuries is absent from or lives outside of Tennessee sometime after the underlying accident (but before the lawsuit can be filed), the period of absence from the state likely will not be counted as part of the one-year filing period. Essentially, that means that the clock will not run during this time.
Lastly, if the alleged responsible party has criminal charges filed against them, the personal injury statute of limitations deadline might be extended to two years.
Let Us Help You!
If you have any questions, we will help you understand your options! Whether it is filing a complaint, needing legal advice, or wanting representation, reach out to King Law in TN by calling (866) 318-6086 or (888) 748-5464.
