You have one year to file a lawsuit after a Tennessee car accident injury in most cases per T.C.A. § 28-3-104(a)(1). This is your ‘Statute of Limitations‘. The clock starts when the personal injury occurs (day of wreck). Assume that you have one year, but some exceptions may extend your right to file an enforceable lawsuit after one year. Failing to take proper action within the statute of limitations will result in losing your right to recover money damages.

Insurance companies may drag their feet when the statute of limitations is near. Insurance adjusters know if your case is not resolved or a proper lawsuit is not filed then they have no legal duty to pay. An email or letter from the adjuster indicating they are ‘reviewing your claim’ or ‘will make an offer next week’ does not matter and does not extend your deadline. Your case will either be filed, settled or legally dead once time expires.

The short one year Tennessee Statute of Limitations is very important. Don’t wait because a lawyer needs time to investigate your case. Car Accident Lawyer George Angelopoulos is a civil attorney located in Franklin, TN that will explain your statute of limitations and assist you with all the details. Big or Small, Text or Call 615-422-7171 because One Free Call Could Change It All!

If you were injured in a car accident seek medical attention immediately.

What Is A Statute Of Limitations?

The Statute Of Limitations (SOL) is a law that provides a time period on how long a person has to file a valid lawsuit. Each state has their own time limits. The SOL can vary based upon what damage is claimed, age of the plaintiff (person claiming damage) and sometimes when the injury was discovered. The statute of limitations typically starts on the date that an accident or death occurs. The SOL expires or tolls when the clock stops because suit was filed, time is up or other legal nuances extend the time limit.

How Long Do Children Have To File A Lawsuit After A Tennessee Car Accident Injury?

Children have one year after reaching the age of 18 to file a lawsuit after a Tennessee car accident injury per T.C.A.§ 28-1-106. This does not mean a parent or relative should wait to file suit on behalf of a minor. Suit can be filed immediately.

Tennessee law starts the amount of time the injured child would have on the day the injured child reaches majority. This allows time as an adult to enforce their claim if their parent or guardian did not while they were a minor. Generally we adhere to the one year statute of limitations for adults when children are hurt in a car accident.

How long do you have to file a lawsuit for property damage in Tennessee?

You have three years to file a lawsuit for property damage in Tennessee per T.C.A. § 28-3-105. This included damage to your vehicle and value of personal property lost in the wreck. Generally vehicle property recovery includes the cost of repair to like quality, function and value. If full vehicle value cannot be returned then a Diminished Value Claim may be needed to make you whole.

If the cost of repair exceeds the market value then your vehicle may be declared a Total Loss. Replacement cost of personal property is the correct measure of damage, but beware the insurance company may ask you to return the property still in your possession that is claimed.

Property damage is pretty cut and dry. Many times a lawyer is not needed to quickly and fairly resolve this part of your claim. Be careful though as statements made during this phase can easily be used to minimize your injuries later. If your claim involves diminished value, antique or hard to find specialty vehicles or any personal injury then you need an experienced lawyer in your corner.