If you’ve ever watched a legal drama on TV, you’re probably familiar with the term “statute of limitations.” However, you may not know that a statute of limitations can apply to your car accident claim as well.
What is the statute of limitations? A statute of limitations is a law that sets a limit on the amount of time that you have to pursue a claim for damages. After this time has expired, a claim can no longer be filed. In Tennessee, car accident and personal injury claims are included in the Tennessee Code at Section 28-3-104(1) which states that claims for personal injuries must be started within one year from the date of the injury.
What does it mean to start a claim? The statute of limitations applies to the filing of a suit. In Tennessee, after one year from the date of a personal injury from an auto accident, a person cannot bring a law suit to collect damages.
What if I filed a claim with the insurance company? That is not enough. If your claim is not resolved and the statute of limitations passes, you cannot pursue further legal action. You can be confident that the insurance company knows about the statute of limitations. It is not uncommon for the insurance company to drag out the process so that you miss an opportunity to file a claim in court.
What next? Whether your car accident just happened or some time has passed, it is in your best interest to speak with an experienced Tennessee car wreck lawyer as soon as possible. Even if you think that your statute of limitations has expired, it is still worth contacting an attorney. Most attorneys offer a free review of your case and a personal consultation, so you really have nothing to lose.
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This post provides very general information about the statute of limitations for car accidents in Tennessee and should not be considered as legal advice. Case law on this topic can be complicated, so we encourage you to consult with an experienced car wreck attorney about the details of your specific case.
The Lawyers of Brown & Roberto are serious lawyers who know how to win. With more than 75 years combined experience, we have recovered more than $45 million for our clients. Our office is conveniently located in West Knoxville, with plenty of free parking. We’re happy to meet with you free of charge to discuss your case and answer any questions that you may have. Call (865) 691-2777 or use the convenient response form below.
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