After an accident or due to the negligence of an individual or a business entity, the injured party has a limited timeframe to initiate a claim for damages. This timeframe, known as the statute of limitations, is crucial for any personal injury claim.
In Chattanooga, and the whole state of Tennessee, generally speaking, the statute of limitations for filing a personal injury lawsuit is one year from the date of the incident.
This one-year period applies to a wide range of incidents, including motor vehicle accidents (car accidents, trucking accidents, motorcycle accidents, etc.), workplace injuries, cases of wrongful death, and premises liability (injuries incurred on someone else’s property, including businesses).
It’s important to note the term “generally speaking,” as there are specific circumstances under which the statute of limitations for a personal injury claim may be extended:
Minors
For minors who sustain injuries, the law provides a grace period extending until their 18th birthday, plus an additional year. This effectively means that a lawsuit may be filed until their 19th birthday.
Mentally Impaired
In cases where the injured party is mentally impaired or deemed incompetent, the deadline is halted until their competency is legally restored, or a legal guardian is appointed. Following such proceedings, a three-year window is granted for filing a lawsuit to seek damages for their injuries.
Wrongful Death
There are instances where death resulting from an accident or negligence does not occur immediately. Tennessee law allows for an extension of the statute of limitations by an additional 120 days in this type of situation.
Medical Malpractice
Injuries arising from medical malpractice, may not be immediately apparent. In such cases, the statute of limitations may be extended to one year from the date the injury was, or reasonably should have been, discovered by the injury victim.
Criminal Charges
If criminal charges are filed against the negligent party responsible for the injuries, such as a DUI charge in an car accident, the deadline to file a personal injury lawsuit may be extended to two years.
Withholding of Evidence
Should it be discovered that the defendant has withheld or misrepresented evidence in an attempt to delay proceedings, the statute of limitations can be extended to account for the time lost due to these actions.
Absent From State
If the defendant leaves the state of Tennessee for a period following the accident, the duration of their absence is added to the statute of limitations, extending the timeframe to file a lawsuit.
Understanding Statute of Limitations in Tennessee
Understanding the nuances of the statute of limitations in Tennessee is essential for anyone injured in Chattanooga. Missing these critical deadlines can bar victims from recovering any compensation for their injuries.
This is why it is of utmost importance to consult with a knowledgeable Chattanooga personal injury lawyer as soon as possible after sustaining injuries.
Questions About Tennessee Statute of Limitations?
At England Injury Law, we offer free consultations to help you understand the statutes of limitations relevant to your personal injury claim in Chattanooga.
Our experienced team can guide you through the process, identify any circumstances that may extend your filing period, and provide a comprehensive evaluation of the time you have to bring forth your injury claim.
