If you have recently suffered an accident, you may be wondering how long you have to file a claim. Each state has a statute of limitations that outlines how long a person has to file a complaint. A statute of limitations is the time period you have to file a formal complaint with the judicial system. It is very important to familiarize yourself with your state’s statute of limitations.
If you don’t, you risk missing the deadline to file your claim and your case will be dismissed. Read on as we tell you when it is too late to file a personal injury lawsuit.
The statute of limitations is a regulation put in place by the government to manage claims. During incidents such as personal injury lawsuits, victims suffer visible damage, such as bodily harm and vehicular damage. If you were to wait five years to file a claim, your injuries may not be visible or they can completely heal. Therefore, your case would not be very strong.
A deadline also gives the insurance company certain parameters to work within. They may be backed up with claims if a victim waits too long to file. The insurance company may have undergone significant changes in that period of time and this can cause issues in your case. The statute of limitations protects both parties by giving them time to get their evidence together. Statute of limitations can be one year or six years, depending on the claim or the state.
The discovery rule allows a victim to file a personal injury lawsuit after the statute of limitations has expired. The discovery rule can be used if the victim discovers they are suffering injuries after the accident has taken place. It is also effective when the plaintiff discovers that the defendant’s negligence has caused their injury or illness.
There are also a few other exceptions to the discovery rule. If the defendant leaves the state you reside in and moves back after the statute of limitation has passed, you may be able to file a personal injury lawsuit. You are also given an exception if you were under 18 at the time of the accident.
Getting Help with Your Personal Injury Lawsuit
The statute of limitations for filing a personal injury lawsuit in Tennessee is one year. If one year has passed since your accident and you are wondering if you can use the discovery rule, contact Mitch Grissim and Associates today. Our team of lawyers will work with you to find out if your case can be tried in court. We understand the complexities of personal injury lawsuits so we will work tirelessly to help you resolve your suit. We will help you through the process from start to finish, beginning with filing a claim all the way to the trial. Contact Mitch Grissim and Associates today to get started on the claims process.