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How Much Time Do I Have to File a Personal Injury Lawsuit After a Knoxville Car Accident?

Posted on in Motor Vehicle Accidents

Knoxville personal injury lawyerWhile all states have limits to how long victims of certain kinds of injury cases can wait to file a lawsuit, Tennessee has a very short statute of limitations for personal injuries resulting from car accidents. Except for certain situations, a victim of a car accident that happened because of someone else’s negligence or carelessness cannot take action against the responsible party after more than a year has gone by since the date of the accident. Understanding Tennessee’s personal injury statute of limitations is essential for ensuring you take timely action that will allow you to pursue justice. 

Are There Any Exceptions to Tennessee’s Personal Injury State of limitations? 

In some circumstances, there may be exceptions to the one-year limit placed on civil personal injury cases. These include: 

  • Criminal charges - If the police are involved and criminal charges are filed against someone who drove drunk and crashed into your car, the statute of limitations is extended to two years
  • Wrongful death - When the death of someone who has been injured is not immediate, the statute of limitations is extended to a year plus 120 days from the date of the accident, or a year from the date of the victim’s death
  • Medical malpractice - Sometimes damage takes time to appear. Cases involving medical malpractice are extended to a year from the date the victim learned (or should have learned) about the injury. 
  • Underage plaintiff - Children have the right to wait until their 19th birthday to file a personal injury lawsuit
  • Concealment - The statute of limitations may be extended if the responsible party hid evidence to cover up their guilt

Should I Work with a Personal Injury Attorney on My Case? 

Victims of serious injuries or wrongful death in Tennessee car accidents may be offered settlements from the insurance companies of the responsible party. Other times, the hassle and seriousness of a lawsuit may not seem worth it on top of the exhaustion and grief a victim already feels. 

But pursuing justice in personal injury cases is important, not only to make sure you have the resources you need to make a full recovery, but to ensure the person responsible does not commit such an act again. Furthermore, insurance companies are sneaky and are only looking out for themselves; they will go so far as to hire professional apology writers, knowing that a victim who receives an apology that sounds sincere may settle for a lower amount. A great personal injury attorney can investigate accidents, negotiate aggressively with insurance companies, and ensure settlements are fair. 

Call a Knoxville, TN Personal Injury Lawyer

A car accident happens in the blink of an eye, but it can change your life forever. To get help making sure the person responsible for your injuries is held accountable, schedule a free consultation with the Knox County car accident attorney at The Law Office of William F. Evans. Call us today at 423-449-7980

 

Source: 

https://casetext.com/statute/tennessee-code/title-28-limitation-of-actions/chapter-3-limitation-of-actions-other-than-real/part-1-miscellaneous-limitations/section-28-3-105-property-tort-actions-statutory-liabilities

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