Statute of Limitations for Car Accidents in Tennessee
If you’ve been injured in a car accident in Tennessee, it’s essential to understand the statute of limitations. This legal deadline determines how long you have to file a personal injury lawsuit after the accident occurs. Missing this deadline can bar you from seeking compensation for your injuries, no matter how severe they may be.
In Tennessee, the statute of limitations for car accidents is one year from the date of the accident. This means that you have one year to file a lawsuit against the at-fault driver or their insurance company. If you fail to file within this one-year period, your case will likely be dismissed by the court, and you will lose your right to seek compensation for your injuries.
There are some exceptions to this one-year statute of limitations. For example, if you were injured as a minor, you may have until your 20th birthday to file a lawsuit. Additionally, if the at-fault driver is unknown, the statute of limitations may be tolled, meaning that it will not begin to run until the driver is identified.
It is important to note that the statute of limitations is not the same as the deadline for filing an insurance claim. You may have more time to file an insurance claim than you do to file a lawsuit. However, it is still important to report the accident to your insurance company as soon as possible to avoid any potential issues with your claim.
Statute of Limitations for Car Accidents in Tennessee
If you’ve been injured in a car accident in Tennessee, it’s crucial to act quickly. The state’s statute of limitations for most personal injury claims, including car accidents, is just one year. That means you must file a lawsuit within one year of the accident date or lose your right to seek compensation.
Exceptions to the Statute of Limitations
There are some exceptions to this one-year statute of limitations, however. Let’s dive deeper into these:
**1. Minors**: If the injured person is a minor (under the age of 18), the statute of limitations is tolled, meaning it doesn’t start running until the minor turns 18. This gives them additional time to file a lawsuit.
**2. Out-of-State Defendants**: Suppose the defendant (the person or entity responsible for the accident) leaves the state of Tennessee after the accident. In that case, the statute of limitations is tolled until the defendant returns to the state. This ensures that injured parties can still pursue legal action even if the defendant has fled.
**3. Fraud or Concealment**: If the defendant fraudulently conceals the cause of the accident or their identity, the statute of limitations may be tolled until the injured person discovers the truth. This prevents defendants from using deceptive tactics to avoid liability.
**4. Lack of Capacity**: If the injured person is mentally or physically incapacitated, the statute of limitations may be tolled until the incapacity is removed. This provides vulnerable individuals with additional time to seek legal representation.
**5. Pending Criminal Charges**: If criminal charges are filed in connection with the car accident, the statute of limitations for the civil case may be tolled until the criminal case is resolved. This allows the injured person to focus on the criminal proceedings without worrying about missing the deadline for filing a lawsuit.
It’s important to note that these exceptions to the statute of limitations are strictly interpreted by the courts. If you believe any of these exceptions may apply to your case, seek legal advice promptly.
