Tennessee’s Statute of Limitations for Personal Injury Claims
Posted on behalf of Greg Coleman Law on Jun 22, 2017 in Personal Injury
The statute of limitations is a legal timeframe that designates when a person can bring a claim. It is a strict deadline that must be met in order to recover damages for an injury or act of negligence.
If you or someone you love was injured because of another’s negligence, it is important that you know Tennessee’s statute of limitations for personal injury claims.
Do not hesitate to contact our Knoxville personal injury attorneys to learn more about how these laws apply to your claim. We are ready to help you with any questions or concerns you may have.
How Long is the Statute of Limitations in Tennessee?
Each state imposes its own statute of limitations on various claims. Under Tenn. Code § 28-3-104, you have one year to bring the following claims in Tennessee:
If you are injured by a defective product, you must file a claim within six years after the injury occurred, or within 10 years of purchasing or using the product.
Failing to meet these deadlines will forfeit your right to pursue compensation for your injury from the at-fault party.
Our attorneys are experienced in Tennessee’s personal injury laws and will help you determine the statute of limitations that apply to your case.
When Does the Statute of Limitations Start?
The statute of limitations usually begins to run on the date the act of negligence occurred.
This means that if you intend to pursue damages after suffering an injury, you will have one year from the date you were injured to bring a claim against the at-fault party.
Similarly, if you are filing a wrongful death claim, the one-year statute of limitations will begin on the date of the person’s death.
There are, however, certain exceptions that can change the starting date for Tennessee’s statutes of limitations.
Not all injuries show immediate signs of their presence. If your injury slowly develops or has hidden symptoms that delays its discovery until a later date, the “discovery rule” may apply to your claim.
Under the discovery rule, the statute of limitations will begin on the date you learned of your injury, or should have reasonably known it existed. Once you have discovered the injury, you have one year to file a claim.
This is a complicated concept, however, that requires the review of an experienced personal injury lawyer. In all cases, it is best to contact an attorney as soon as possible.
Tolling the Statute of Limitations
Under Tenn. Code § 28-1-106, the statute of limitations may be tolled, or halted, for a certain period of time:
- If the victim is a minor under the age of 18, the statute of limitations will resume on the day the victim turns 18 years old.
- If the victim is found by the court to be mentally incompetent and is less than 50 percent liable for his or her own injury, the statute of limitations will resume once the court finds the victim has recovered from his or her mental debilitation.
Once the statute of limitations has resumed, you must abide by the one-year deadline to bring a claim.
Our attorneys are skilled in Tennessee’s personal injury laws and can determine if your case qualifies for one of these exceptions to the statute of limitations. However, you should not wait to contact us.
Talk to a Tennessee Personal Injury Attorney Today
The Knoxville personal injury attorneys at Greg Coleman Law will help you determine the statutes of limitations that apply to your case and will work to help you recover the compensation you deserve.
Our work is provided on a contingency fee basis, which means we never charge clients upfront for our legal services. We only require payment if we successfully represent your claim and recover damages on your behalf.