Statute of Limitations for a Personal Injury Lawsuit in Tennessee

If you were injured and another party was at fault, you may be wondering what the Tennessee statute of limitations for personal injury cases is if you’re considering suing that individual or entity. You may be able to collect compensation that could cover a variety of expenses that have piled up as a result of your injury, such as medical bills and lost income. However, if you wish to pursue a personal injury lawsuit, you need to be aware of Tennessee’s relevant laws to ensure you receive the maximum amount of compensation possible. An experienced attorney can help you with this. 

At Morgan & Morgan, we are always available to help and will make sure that your case is handled appropriately and on time. Contact Morgan & Morgan today for a free consultation.

Tennessee Statute of Limitations in Personal Injury Case

The statute of limitations is the amount of time you have to file a lawsuit. When it comes to personal injury lawsuits, the time limit in which you can file a claim begins from the date of your injury. U.S. states differ in their statutes of limitations, with some states allowing just one year to file, while others allow up to six years. Tennessee’s statute of limitations for a personal injury lawsuit is one of the states that allows just one year, so if you have been injured and you are seeking damages, you must file as soon as possible to ensure you can receive compensation.

Common Causes of Personal Injuries

You may be wondering if your situation constitutes a personal injury. It is important to know if you’re even able to file a lawsuit before you begin the process. There are a variety of accidents that may cause personal injuries that will allow you to file a lawsuit.

One of the most common causes of personal injuries is car accidents. In 2021 alone, there were approximately 6.75 million nonfatal car-related accidents in the U.S. Additionally, almost 2 million drivers are permanently disabled by car accidents annually. 

Slip and fall accidents are also incredibly common. Over 1 million Americans suffer from a slip and fall accident each year. Some slip and fall accidents, especially falls from heights, can result in serious injuries such as traumatic brain injuries and fractures of the leg, spine, hip, forearm, pelvis, ankle, hand, and upper arm.

One other common cause of personal injuries is from the use of defective products. This can include dangerous pharmaceuticals, defective machinery, poor product design, manufacturing errors in products, and many other instances of defects in the items we use every day. 

Another cause of personal injuries is medical malpractice. The types of medical malpractice vary greatly, but the more common instances are childbirth injuries, prescription drug mistakes, surgical or procedural errors, failure to properly treat a condition, and a misdiagnosis or delayed diagnosis. 

While these are some of the most common causes of personal injury, this is not an exhaustive list. If you are unsure if your particular situation can qualify as a personal injury, it would be in your best interest to contact a personal injury lawyer for a consultation.

Exceptions to the Statute of Limitations

Tennessee is one of the states that allows the shortest amount of time in which to file a lawsuit, being just one year. However, there are a few exceptions to the one-year deadline in Tennessee. 

One such exception is if the victim of the injury is a minor (under 18 years of age) or has been “adjudicated incompetent.” Adjudicated incompetence simply means that the individual is unable or unfit in some way to manage their own affairs due to a mental condition that is determined in a court proceeding. In such a case, the injured party will either have one year upon reaching the age of 18 to file their personal injury lawsuit, or they have one year once they are deemed competent again.

Another instance where the statute of limitations may be extended is if the at-fault party no longer resides in Tennessee or is otherwise absent from Tennessee after the accident occurred but before the lawsuit is filed. This period of absence is typically not counted in the one-year statute of limitations. 

Finally, the statute of limitations could be extended if the at-fault party has criminal charges filed against them after the accident occurred. In this case, the personal injury lawsuit deadline may be extended to two years.

When in doubt, it is best to consult with a personal injury lawyer if you believe there may be an exception to the statute of limitations.

Free Statute of Limitations for a Personal Injury Lawsuit in Tennessee Case Review

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