What You Need to Know About Tennessee personal Injury Statute of Limitations
Personal injury cases can be difficult to handle. Here is everything you need to know about the Tennessee personal injury statute of limitations.
A statute of limitation outlines the period in which an individual can file a case for a certain crime. By understanding the statute of limitations of personal injury cases, individuals will be better able to defend themselves depending on their situation.
What is Considered a Personal Injury Case in Tennessee?
A personal injury case is when a victim of an accident or injury can file a lawsuit against the liable party. Examples of personal injury cases are listed below:
- Car accidents
- Medical malpractice
- Slip and fall accidents
- Fire accidents
- Medication errors
- Pedestrian accidents
What is the Tennessee Personal Injury Statute of Limitations?
As outlined in Tennessee Code Section 28-3-104, the statute of limitations for personal injury cases in Tennessee is usually one year. This means individuals have one year from the date of the accident to file a lawsuit against the liable party. This applies to most personal injury cases and means that it is important to file your case as soon as possible if you have experienced an accident.
Can I File After the Statute of Limitations in Tennessee?
After one year from the date of an accident, if the appropriate paperwork is not filed, individuals will lose their eligibility to file and collect damages. Usually, the courts will dismiss the case past the statute of limitations unless there is a special circumstance to lengthen the limit. Some exceptions include:
- The victim is a minor.
- The case involved medical malpractice.
- The liable party is absent from the state after the accident.
- Evidence was withheld, concealed, or misrepresented.
How Can I File a Personal Injury Case in Tennessee?
After experiencing a personal injury, you might be considering filing a case against the liable party. Listed below are the appropriate steps in filing a personal injury case in Tennessee:
- Establish legal standing, which means ensuring your claim is valid and you have the legal capacity to file a lawsuit.
- Decide whether to hire a lawyer. Depending on the severity of the injury, it might be best to hire a lawyer.
- Determine where to file your lawsuit. In Tennessee, this could be a circuit or chancery court.
- File and serve your complaint.
- Wait for a response from the defendant.
For more personalized assistance and guidance through the process, contact Her Lawyer.
What Kinds of Compensation Can Personal Injury Cases be Eligible For?
Personal injury cases can be eligible for both financial and non-financial damages. The most common types of damages collected for personal injury cases include:
- Coverage on medical bills
- Out-of-pocket expense caused by the injury
- Pain and suffering (emotional damages)
- Lost earnings