The statute of limitations for personal injury refers to the amount of time after the incident that you’re able to file a case in court. In the state of Tennessee, the statute of limitations is one year from when the date that the injury took place.
It’s critical that you hire a capable and well qualified lawyer immediately after your injury occurs. This ensures there’s plenty of time to get started on your case and excellently represent you. The team at Wettermark Keith has over 50 years of combined experience representing those in Tennessee with personal injury cases.
Statute of Limitations Explained
Statute of Limitations: a statute prescribing a period of limitation for the bringing of certain kinds of legal action. There are statutes for every type of court filing and case. Some of them can be based on situations, while others, such as personal injury, are very specific and firmly enforced.
The statute of limitations may be frustrating if you’re trying to file a court case because it forces you to fight the clock. But, for court systems in general they are very helpful. Without a statute of limitations, different cases could be filed at any time. For example, without these laws in place it would be possible for someone to file a personal injury case based on something that happened 10 years ago. The time frames help keep courts free from cases that would waste time and ensure that a resolution is reached while evidence is still fresh and available.
Each state has different statutes because each state is sovereign to create its own laws and statutes. Unfortunately, Tennessee has one of the tightest deadlines only allowing for one year to file a case. This document outlines statutes of limitations for all 50 states.
Tennessee Statute of Limitations for Personal Injury: 28-3-104
(a)(1) Except as provided in subdivision (a)(2), the following actions shall be commenced within one (1) year after the cause of action accrued:
(A) Actions for libel, injuries to the person, false imprisonment, malicious prosecution, or breach of marriage promise.
(B) Civil actions for compensatory or punitive damages, or both, brought under the federal civil rights statutes; and
(C) Actions for statutory penalties.
(2) A cause of action listed in subdivision (a)(1) shall be commenced within two (2) years after the cause of action accrued, if:
You can read the full official Tennessee code here
Navigate to title 28, chapter 3, part 1, then click the full link to 28-3-104 from the drop down list.
Explaining the Statute of Limitations in Tennessee
It’s important to understand there is only one year from the time of incident to file a claim under the personal injury statute of limitations. While there are some exemptions to this law, the courts rarely honor any cases that are brought in after the one year time frame has passed. The statute does further explain incidents involving civil rights, criminal prosecution, and professional malpractice.
Possible Exemptions to Tennessee’s Statute of Limitations
Some personal injury cases are handled differently and afforded more flexibility within the statute of limitations. This is because symptoms either take longer to develop, the victim is unsure of the long-term effects of the injury, or there is cause to believe that there was concealment taking place. Examples of possible exemptions are listed below:
- Minor (the law is different for children, parents filing on behalf of a child OR if the parent never filed a claim for the child)
- Medical Malpractice
- Wrongful Death
- Wrongful Concealment
- Absentee defendants
- Mentally Incapacitated
- Exposure to Asbestos
- Complications from Silicone Gel Breast Implants
In the case of a dangerous product, there are several entities that may be held liable including:
- Manufacturer
- Designer
- Distributor
- Supplier
- Retailer
It’s often not known that the product is dangerous until it’s too late. If you believe that you’ve received a personal injury caused by a dangerous product, it’s important that you contact an attorney for next steps no matter how long ago it happened.
Medical Malpractice
Injuries or Death of a loved one or injuries sustained by you in the event of medical malpractice is an exception to the statute of limitations. It’s critical to note that it is very rare that this exception would be honored in a court case. Situations which might allow for the exemption include an instrument or surgical tool left in a person. But, it would have to be proved why that malpractice wasn’t discovered sooner and reported in a timely manner.
Minors or Mental Impairment
Minor children present a unique challenge when working with attorneys and filing lawsuits. Because minor children are unable to file a lawsuit on their own, they are given until the age of 18 and then the one-year statute of limitations begins.
Similarly, if a person is injured and deemed incompetent or severely impaired, the time to file pauses until they receive a clean bill of health and full recovery from their injuries or when the court assigns a legal guardian to function as a power of attorney.
For a free legal consultation,
call (833) 588-9009 today
What if You Waited Too Long?
If you waited too long to file your personal injury claim there’s not a lot, you can do. While the statute of limitations does help keep court cases moving quickly and ensures that you’re able to get a timely court date, it also means that the law must be respected and is always upheld by the judges.
Courts will typically throw out cases that are filed after one year of the accident without the case ever going to trial.
Next Steps and Options when it’s Been More than a Year
There are a few different exemptions that we mentioned above that will sometimes allow you to get a court date despite missing the one-year timeline. If your case doesn’t fit any of the above exemptions here’s what you can do.
Consult a Lawyer
It never hurts to ask a lawyer about your case and to have them look over the details. There could be something that you or the courts are missing when it comes to the eligibility of the case. Reach out to WK today for a free case consultation!
Consider Mediation
Mediation is an excellent way to avoid going to court altogether. Courts often encourage mediation even if you’re still within the one-year timeline of limitations. The benefit of mediation is that you’ll be able to reach a settlement agreement more quickly and won’t have to deal with any court hearing or dates. You will want to have a lawyer represent you during mediation.
File a Lawsuit
If all negotiations fail, you’ve missed the timeline, and a lawyer thinks you could still make a case, you may be able to file a lawsuit. It would however require that something new be found that previously was unknown. If a case is not filed within one year and there are no new developments that were unknown at the time of the accident then nothing can be done.
Tennessee’s Discovery Rule (Extension)
Tennessee’s discovery rule is a very rare extension that allows you to still file a court case because the extent of your injuries were not yet known at the time of the accident or until long after. The rule states that: the statute of limitations begins when a plaintiff discovers or should have discovered they have a legal claim.
This can happen in the case of breach of contract or medical malpractice where the plaintiff may be under false advisement, or the injury doesn’t present itself until it’s “too late”. Thankfully, Tennessee lawmakers have made it possible for a lawsuit to be filed and a settlement to be pursued on behalf of the plaintiff.
Getting the Best Results with Your Personal Injury Claim
If you want to maximize your compensation after an injury, then it’s time to file your case with the help of our team at Wettermark Keith. Our attorneys work tirelessly to ensure your claim is filed quickly and correctly, allowing for a smooth process and quick recovery. Our team of local Tennessee personal injury experts will also help negotiate your medical bills, all while guiding you through the claims process to help you secure the compensation you deserve.
Contact our team today to schedule a free consultation!
Call or text (833) 588-9009 or fill out our Free Case Evaluation Form to get started
