The Statute of Limitations and Car Accidents in Tennessee
The statute of limitations directly impacts your ability to file a civil claim, or a personal injury case, after you have been injured in a car accident. This is a legal term that everyone who has been injured in a car accident needs to familiarize themselves with. This guide provides you with basic information about the statute of limitations and car accidents in Tennessee.
What Is a Statute of Limitations?
The statute of limitations is essentially the timeline that you have in which to file your case. You must file your case within the timeframe for the law to recognize it. If the statute of limitations expires before you file, you give up your right to ever bring a civil case against the responsible party for the injuries you sustained in the automobile accident.
The statute of limitations was implemented to prevent people from filing lawsuits for injuries that they sustained years earlier. It can be hard to defend a claim that happened five, ten, or even twenty years earlier. As such, the courts implemented the statute to ensure claims are filed within a timely manner and that both parties have the opportunity to collect evidence and present a fair case.
How Much Time Do You Have to File a Civil Case in Tennessee?
In the state of Tennessee, you generally have one year from the date of the automobile accident to file a civil lawsuit against any responsible parties for your injuries. This may include the driver of the car who hit you, the owner of the vehicle, or any auto parts manufacturers if mechanical failure may have played a role in the auto accident.
What Are the Exemptions to the Statute of Limitations?
Tennessee law offers some exemptions to the statute of limitations for automobile accidents. These exemptions may change the deadline for filing a claim. This is called delaying or tolling of the statute of limitations, which can happen for several reasons.
Cases Where Someone Dies From Their Injuries
If someone was involved in a serious automobile accident, they may die from the injuries that they sustained. The statute of limitations in Tennessee allows for an eligible party to bring a wrongful death lawsuit against the responsible party or parties up to one year from the date of the accident victim's death.
Cases Where a Minor or Mentally Incompetent Person Is Injured
If someone is under the age of 18 or mentally incompetent at the time they were injured in an automobile accident, the clock for filing a claim does not begin ticking until the individual is declared mentally competent or a minor turns 18 years old.
Parents or legal guardians are allowed to file a claim for a minor or mentally incompetent individual before the clock begins ticking. However, the delayed statute gives those individuals the right to bring about their own case if their parent or legal guardian did not do so.
An attorney can help you determine if the timeline for filing your case can be delayed or not. If you have been injured in an automobile accident in Tennessee, consult with a personal injury lawyer as soon as possible. Here at Todd East Attorney at Law, we can help you understand your rights and help you file a civil case before the statute of limitations expires. Contact us today to get started.
