What Is the Statute of Limitations for Personal Injury Claims in Tennessee?

If you’ve been injured in an accident caused by another person’s negligence in Tennessee, it’s crucial that you know and act within the time constraints within which the law allows you to pursue a personal injury claim. The statute of limitations dictates the deadline for filing a lawsuit to recover compensation for your damages, and failing to meet this deadline can jeopardize your right to seek justice. Contact a Knoxville, TN personal injury law firm right away to learn more specific to your case.

General Statute of Limitations for Those in Knoxville, TN

In Tennessee, the standard statute of limitations for personal injury cases is one year, as outlined in Tennessee Code Section 28-3-104. This deadline applies to various types of personal injury claims, including those arising from car accidents, slip and falls, dog bites, medical malpractice, and more.

A year passes more quickly than you may think, so it’s important to move promptly following an accident. The sooner you consult with an experienced personal injury attorney, the better prepared your case will be. You really want to give your attorney enough time to gather evidence, interview witnesses, consult with experts, and negotiate with insurance companies on your behalf from a position of strength.

Exceptions to the One-Year Rule

While the one-year statute of limitations is the general rule, there are several exceptions worth noting:

Minors

If the injured person is a minor (under 18 years old), the statute of limitations does not begin to run until their majority. A minor has one year from their 18th birthday to file a lawsuit, regardless of when the accident occurred.

Medical Malpractice and the Discovery Rule

In medical malpractice cases, it can sometimes take time for the injury to manifest. Tennessee’s “discovery rule” extends the statute of limitations in such cases. It allows the one-year deadline to start from the date the victim discovered, or reasonably should have discovered, that their injury was a result of medical negligence.

Mental Incapacity

If the injured person is mentally incapacitated, the statute of limitations is paused until they either regain their mental capacity or a court assigns them a legal guardian. Once that happens, they have three years to initiate a lawsuit.

The Importance of Working with a Skilled Personal Injury Law Firm

The statute of limitations does have potential exceptions or modifications based on your case’s specific circumstances, but you need sound and experienced legal advice to understand whether any apply to you. Remember that missing the filing deadline can result in the permanent dismissal of your claim, even if you have strong evidence of fault. It’s absolutely vital that you speak with a knowledgeable personal injury attorney as soon as possible after an accident.

Your attorney will thoroughly assess your situation and the evidence and protect your right to seek the full compensation you deserve. They will help you understand not just the statute of limitations, but all the issues pertaining to your case, guide you through the claims process, argue for a fair settlement, and, if that settlement can’t be reached, file your lawsuit on time and go to court on your behalf.

If you have suffered injuries in Tennessee due to someone else’s actions, time is of the essence. Contact Gilreath & Associates, PLLC in Knoxville, TN right away for help.

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