The Short Answer:
In Tennessee, you generally have 1 year from the date of a car accident to file a personal injury lawsuit and 3 years for property damage claims; missing these deadlines can permanently bar you from recovering compensation, though limited exceptions may apply in certain situations.
Key Takeaways
- Tennessee has a 1-year statute of limitations for personal injury claims arising from a car accident, making it one of the shortest deadlines in the country.
- Property damage claims typically have a 3-year deadline from the date of the crash.
- The clock usually starts on the date of the accident, not when you begin treatment or discover the full extent of your injuries.
- Missing the statute of limitations generally means losing your right to sue, regardless of how strong your case may be.
- Claims against government entities may involve shorter notice requirements and special rules, so acting quickly is critical.
- Insurance reporting deadlines are often much shorter than the legal deadline, sometimes requiring notice within days or weeks.
- Certain exceptions may apply, such as cases involving minors or incapacitated individuals, but these are limited and fact-specific.
- Speaking with a Tennessee car accident attorney early can help protect your claim, preserve evidence, and ensure all filing deadlines are met.
What Is The Statute of Limitations?
The statute of limitations is a law that gives an individual a set amount of time to file a lawsuit against another individual. Every state has a law regarding the amount of time you have to file a lawsuit after an injury. In Tennessee, you have exactly 1 year to file after the date the accident occurred. In order to better understand the statute of limitations in Tennessee, you can review Section 28-3-104, which contains further details.
Statute of limitations disclaimer: Claims and legal matters have statutes of limitations and other deadlines that injured victims must heed to if seeking compensation for damages. If an individual fails to comply with the set time periods, their claim may be dismissed. For this reason, it’s imperative to speak with an experienced attorney immediately after an accident to know the time periods for your specific situation.
The Danger of Waiting To File a Lawsuit
Waiting to sue for the damages and injuries you have suffered as a result of someone else’s careless actions is risky. If you wait to sue the other driver and miss the deadline to file a lawsuit, you will likely lose your chance of obtaining a compensation award. This is a dangerous decision when you’ve been injured in a car wreck.
Compensation can cover a wide variety of expenses, which is why it’s in your best interest to file a claim before the deadline. Our personal injury lawyers can review every aspect of your case and see what legal options are available.
The Difference Between Economic Damages and Non-Economic Damages
Insurance companies know victims of a car wreck usually hope to settle their case immediately, so they tend to offer lowball settlements initially in hopes that the victim will feel pressured to accept. In some cases, the initial offer will not be equivalent to the damages and injuries you endured.
In a car accident claim, there are typically two types of damages you can file for. These are economic damages and non-economic damages.
Economic damages include:
- Lost wages
- Medical expenses
- Loss of earning capacity
- Property damage
Non-economic damages include:
- Emotional distress
- Pain and suffering
- Loss of consortium
- Mental anguish
- Physical impairment
Our car accident attorneys can review your case and calculate the amount of compensation you deserve for any damages and injuries caused by your accident.
Is My Case Worth Pursuing?
This is the most frequently asked question among injured victims. In order to accurately calculate the extent of the damages and conclude whether or not you have a strong case, we must review the specifics of your accident. This can include medical expenses, time away from work, property damage, and future medical bills.
Need Legal Guidance? Contact Our Law Office Today
If you or a loved one has suffered injuries or wrongful death due to a motor vehicle accident caused by someone else’s negligence, you may be entitled to compensation. We understand how devastating and challenging it can be when you’re a victim of an auto accident, and we want to help. We have dedicated our practice to helping those who have suffered injuries caused by a wreck.
Our team of knowledgeable and trusted attorneys will handle the insurance company while you focus on recovering. We are available to answer any questions you have about your car accident case. Call The McMahan Law Firm today or fill out our free consultation form. No one should suffer injuries due to another driver’s recklessness. Don’t wait–call our firm today.
