Septemeber 2018 Archives
How Long do I Have to File a Personal Injury Claim in Tennessee?
Life can change dramatically following a serious injury. As you manage recovering from your injuries, dealing with insurance companies, organizing medical bills, and figuring out how to support yourself as you struggle with lost income, you may have time for little else. Meeting with a lawyer and discussing the possibility of filing a personal injury claim may be far from your mind.
If filing a claim and recovering compensation from the party responsible for your injuries is something that you need to do in order to pay your medical bills and provide for yourself, you must act quickly. In Tennessee, the state’s statute of limitations dictates the amount of time you have to file a claim.
Tennessee Code Section 28-3-104(a)(1)(A) stipulates that all causes of actions for “injuries to the person” must be commenced within one year after the cause of action accrued. This means that if you are harmed by the negligence of another, whether in a car accident, as a result of a defective product, in a slip and fall accident, etc., you only have 12 months from the date of your accident to file a civil action against the responsible party.
Unfortunately, the statute of limitations is firm; if you wait longer than one year from the date of your injury to attempt to file a lawsuit, it is likely that your case will not be heard and that you will be barred from seeking damages as such.
In the event that your injury was not discovered until a date that was after the cause of action accrued (i.e. you were involved in an incident, exposed to a dangerous chemical, operated on, etc. in January but did not realize you had been harmed until June), the rule of discovery may apply. This rule holds that the clock on the one-year statute of limitations does not start ticking until the injury is discovered.
If you have been injured due to the negligence of another, there is little time to delay in taking action. You should document your accident and injuries, seek medical care, and call a Tennessee personal injury lawyer immediately. While you have a lot on your plate, you can take comfort in knowing that your lawyer will handle all elements of the claims process, including opening an investigation, negotiating with insurance adjusters, and gathering and organizing legal documents so that you can focus on your recovery.
Do not forfeit your right to recover compensation from an at-fault party by waiting too long after your accident to take action. Our lawyers are ready to meet with you today and provide you with competent, free legal advice you need to make an informed decision about what to do next. To schedule your no-cost consultation, please send us a message or call our Manchester, Tennessee personal injury lawyers today.