Statute of Limitations for Personal Injury Cases in Tennessee

statute of limitations book

Tennessee’s statute of limitations on personal injury claims is just one year from the date of the accident.

After an accident that was someone else’s fault, injury victims can file personal injury lawsuits to recover compensation. However, victims do not have forever to file a lawsuit. If you have grounds to sue for an injury in Tennessee, our state’s statute of limitations law sets a strict one-year deadline for filing a personal injury case in court.

Coping with the aftermath of a significant accident can be challenging, especially when you’re recovering from painful injuries. You need help navigating the legal system and managing case deadlines. You can avoid unnecessary stress and focus on your recovery by working with our experienced Tennessee personal injury lawyers.

At The Terry Law Firm, our personal injury attorneys can handle your case quickly and efficiently to help you recover the compensation you deserve. Contact our legal team today to learn how we can help in a free consultation.

What Is the Statute of Limitations for Personal Injury Cases in Tennessee?

When someone is injured in an accident caused by an at-fault party, they can file a personal injury lawsuit to seek compensation for their financial losses. At The Terry Law Firm, our Tennessee injury lawyers handle personal injury lawsuits stemming from incidents such as:

  • Car accidents
  • Truck accidents
  • Bicycle accidents
  • Pedestrian accidents
  • Motorcycle accidents
  • Slip-and-fall accidents
  • Workplace accidents
  • Train accidents
  • Boating accidents

The statute of limitations says how long accident victims have to file personal injury lawsuits. Tennessee’s statute of limitations is among the shortest in the United States. Here in Tennessee, you have just one year from the date of your injury to file a case. That does not mean that the case must conclude within one year. The deadline simply requires a case to be initiated within one year.

Exceptions to the Statute of Limitations for Personal Injury Cases in Tennessee

There are a few exceptions to Tennessee’s one-year statute of limitations. You might have more time to file a claim in specific circumstances.

If someone who is younger than 18 or legally incapacitated gets hurt in an accident, the one-year statute of limitations does not begin running until the victim either turns 18 or is no longer legally incapacitated.

Additionally, you might have more time to file a lawsuit if the at-fault party isn’t in Tennessee after the accident. The time during which an at-fault person is out of the state does not count against the one-year filing deadline for your injury claim.

Another exception to Tennessee’s personal injury statute of limitations involves at-fault parties facing criminal charges. An at-fault individual could face separate civil and criminal charges for the same incident, such as a DUI accident. Under those circumstances, the usual one-year deadline for personal injury lawsuits could extend to two years.

Importance of Filing a Lawsuit Within the Statute of Limitations

Although the window to file is small, you must file your personal injury lawsuit within Tennessee’s statutory one-year deadline. Failing to file within the established time limit will likely eliminate your ability to recover fair compensation. It’s always better to have a lawyer start work on your claim as soon as possible so they have plenty of time to build a compelling case.

Filing your personal injury lawsuit well before the statute of limitations expires also puts you in a better position to negotiate out-of-court settlements before trial. After the one-year deadline, the other side will know you have no leverage since you can no longer sue them, leaving you in a weaker position going into settlement talks.

What Happens When the Statute of Limitations Expires?

The statute of limitations is a strict legal deadline. If you miss this deadline, the party you wish to sue will likely file a motion to dismiss the lawsuit, and the judge will probably approve it. Following a dismissal, you would have fewer opportunities to recover compensation for your losses.

Why You Should Contact Our Tennessee Personal Injury Lawyers Immediately

A significant injury could prevent you from completing everyday tasks after an accident, let alone fight a legal battle. Because Tennessee’s time limit for personal injury cases is so short, you should contact an experienced personal injury attorney as soon as possible after an injury.

Seeking immediate legal help benefits you because it gives your lawyer the time they need to build a stronger case. When you act quickly, your lawyer can launch an independent investigation into the cause of the accident and gather crucial evidence before it is lost or destroyed. It also gives your attorney time to interview eyewitnesses before their memories fade.

In general, the sooner you contact an attorney, the sooner they can get started building a solid claim for maximum compensation for you. It could also allow you to get the money you need to cover your losses sooner through either a negotiated settlement or a trial court judgment.

How Our Personal Injury Attorneys Can Help with Your Injury Claim

At The Terry Law Firm, our Tennessee personal injury attorneys are committed to helping you navigate the legal landscape and seek the maximum compensation you deserve for your injuries. We work hard to take the burden off your shoulders, allowing you to focus on your recovery.

We can help you with your injury case by:

  • Investigating the cause of the accident
  • Collecting vital evidence
  • Identifying liable parties and available insurance coverage
  • Filing your claims before the statute of limitations expires
  • Documenting your injuries
  • Calculating the full extent of all your losses
  • Negotiating aggressively for the money you need
  • Managing all legal deadlines
  • Presenting a compelling case
  • Representing you in court if necessary

Talk to Our Experienced Tennessee Personal Injury Attorneys Today

If you got hurt in an accident that was someone else’s fault, you deserve justice. Get help from an experienced Tennessee personal injury attorney at The Terry Law Firm. To set up your free, no-obligation consultation, contact our office today.

Personal Injury

What is the Statute of Limitations in Tennessee for Personal Injury Claims?

Tennessee is very unique in that the statute of limitations in Tennessee is much shorter than in other states. The statute of limitations for personal injury cases in Tennessee is generally one (1) year. There are exceptions to the one (1) year statute of limitations. 

In Tennessee, one exception to the statute of limitations is the discovery rule. The statute of limitations in Tennessee does not start to run until a person knows or should have known about an injury. 

There is currently a provision in the Tennessee Code regarding extending the statute of limitations where persons have criminal charges brought against them and they caused or contributed to an injury. In these cases, it is possible that the statute of limitations may be extended to two (2) years. At this stage, there has been no ruling from the Tennessee Supreme Court on exactly how this statute should be interpreted; therefore, we recommend filing cases within one (1) year.

The statute of limitations in property damage cases in Tennessee is three (3) years and the statute of limitations for a breach of contract in Tennessee is six (6) years. It is important to note that breach of implied warranty of merchantability, which are theories that are often used in product liability cases, carries a six (6) statute of limitations.

What is a Contingency Fee?

At The Terry Law Firm, clients are welcome to come to our Morristown office, our Sevierville office, or our Greeneville office for a free consultation. This is true for virtually any type of case. 

In personal injury cases, in particular, The Terry Law Firm works on a contingency fee basis which means that The Terry Law Firm does not receive any compensation, nor are you required to pay anything, unless we are successful on your behalf. 

Our general fee in personal injury cases (like most firms) is one-third (1/3). The Terry Law Firm advances all costs and expenses in the case until the matter is resolved. If we are not successful for a client in a personal injury case, then they are not required to pay anything. 

Can The Terry Law Firm Help If I Was in an Accident in Another State?

The Terry Law Firm regularly handles cases for clients who have been involved in out-of-state accidents. We have handled cases as far west as West Texas and South Dakota. We have had cases in eastern North Carolina, Virginia, and Florida. It is a regular part of The Terry Law Firm’s business to handle cases outside of Tennessee.

Handling a case outside of Tennessee does not cost the client any more than it would if we were handling a case in Tennessee. In fact, the client will likely notice very little difference in a case handled outside of the state versus one handled in the State of Tennessee.