In Tennessee, victims of a personal injury have just one year from the date of the accident to file a lawsuit in a court of law to recover damages. This is not a lot of time. Are there exceptions to the statute of limitations in Tennessee? Yes, and if you believe you qualify for them, you should act quickly.
With the help of a personal injury attorney in Nashville, you will be able to navigate these laws to protect your right to compensation. If you wait too long, you may not be able to do so.
Exceptions to the Statute of Limitations for Tennessee Injury Claims
Tennessee’s statute of limitations law provides potential exemptions. The following examples may apply in some situations.
Under the Age of 18
In situations where an accident occurs and the victim is under 18 at the time, the statute of limitations may be extended. However, if a child’s medical bills are in the parent’s name, the parent still only has one year to seek compensation.
However, the statute of limitations for pain and suffering and other losses the child suffered may extend 1 year after the child reaches the age of 18. This applies in situations where no compensation was received for these losses at the time of the accident.
Criminal Charges
In some situations, the statute of limitations may be extended if the accident involves a criminal charge. For example, if the driver was operating under the influence of alcohol and criminal charges are pending, the statute of limitations extends to 2 years for the victim to pursue compensation.
Evading Service
In situations where the defendant, or at-fault party, was evading service of process, that could also extend the statute of limitations. For example, if you cannot file a lawsuit and serve the at-fault party with notice of your intentions to sue them because they fled the state or their whereabouts are unknown, this can extend the statute of limitations to 1 year from the date they are found or they return to the state.
Injury Was Not Discovered
There are also situations when the statute of limitations may be extended because the victim did not realize the injury or loss had taken place. This falls under the discovery rule. For example, if a person was hurt in a work injury that caused exposure to chemicals, and those chemicals can be linked to the development of cancer in the years after the exposure, it may be possible to still seek compensation. If you did not know of the injury at the time of the accident, the court may rule that you can extend this limitation further.
What to Do If You Believe You Qualify
If you believe that the statute of limitations in Tennessee is approaching that 1-year mark or has passed, but you also believe one of the other exceptions applies to you, take action. When possible, seek the help of a Nashville motorcycle accident attorney who can build a case for you and document all of your losses.
By working with a lawyer, you may be able to reduce some of the risk of not getting the compensation owed to you. Even if you are approaching that one-year mark, meet with an attorney to see how they can help you.