Whether you have been involved in a car accident, a slip and fall or any other accident where someone else’s negligence caused you harm, it is crucial to understand and comply with the statute of limitations if you are thinking about filing a personal injury lawsuit in Tennessee. If you need to know more, please read on for more details, then contact a skilled Memphis personal injury lawyer to learn what is the statute of limitations for personal injury claims in Tennessee.
How long is the statute of limitations in Tennessee?
The Tennessee personal injury statute of limitations sets a one-year deadline for the filing of all lawsuits seeking a legal remedy for “injuries to the person.” It doesn’t matter whether the case is driven by the liability principle of “negligence,” which applies to most claims, or intentional tort, which applies to civil cases filed over assault and other intentional conduct.
What happens if you miss the statute of limitations in Tennessee?
If more than a year has passed since the underlying accident and you still bring forth a lawsuit, the defendant will almost certainly point this out to the court and file a motion to dismiss. However, there are exceptions, which include the following:
- If, at the time of the underlying accident, the injured person is under 18 or has been “adjudicated incompetent,” the plaintiff will be entitled to one full year once reaching the age of majority or having their competence restored
- If the defendant is absent from or resides outside the state of Tennessee sometime after the underlying accident, but before the lawsuit can be filed, the period of absence probably will not be counted as part of the one-year filing period
- If criminal charges have been filed against any person who is alleged to have caused the injuries, the personal injury lawsuit filing deadline might be extended to two years
How can a Memphis personal injury attorney help you?
These cases have a tendency to languish in the state’s civil courts. A seasoned legal professional will see that it does not happen in your case. Furthermore, our firm can help you better assess your case and whether or not the statute of limitations will be waived in this instance. Do not go it alone. If all this sounds complicated, give us a call today.
Contact Our Experienced Memphis Firm
No one should ever have to recover from a serious injury or deal with a pressing criminal matter on their own. We pride ourselves in assisting clients facing a wide range of legal issues throughout Memphis, Tennessee, and we are ready to help you, too. If you need assistance with a personal injury, criminal, or business litigation matter, you can turn to us. Contact Ballin, Ballin & Fishman, P.C. today to schedule your free initial consultation with our experienced legal team.