Lebanon Personal Injury Lawyers
What is the Statute of Limitations in Tennessee for Personal Injury?
Tennessee's statute of limitations set a time limit on how long someone has to file a case in the Tennessee court system after an accident or injury. The injured party has up to 1 year following the date of the accident to file a lawsuit with the court system. It is important to keep track of the statute of limitations, because if an individual does not file within the 1 year, the court may refuse to hear the case at all.
Note - that if the accident or injury resulted from the negligence of a Tennessee state government agency or employee, the individual will have to follow a special set of rules that apply specifically to injury claims involving the government. Individuals generally have the same statute of limitations of 1 year to file a claim with the state government after an injury and 90 days to appeal the case if they are denied compensation.
Tennessee courts are required to apply a modified comparative fault rule for personal injury cases. This means that when a court decides that the injured person filing the lawsuit actually bears some of the blame for the accident that led to the injury, it will reduce or eliminate the injured person's damages award. For example, if a person sitting in their car at a red light is rear-ended by another driver, but it was found that one of the injured person’s brake lights was not working, the court could rule that the person is a certain percentage at fault, say, 20%, and thus reduce their damages award by that percentage. Nonetheless, the person will still receive 80% of the original damages award.
As long as the injured party is found to be less than 50% at fault, they may recover some amount of compensation for their losses. If they’re found to be 50% or more at fault, though they will not be eligible for collecting any damages from any other at-fault party.
Tennessee Damage Caps
Damages in personal injury cases may be capped (or limited) by state law. Many states limit the amount of money an injured person can receive in damages in certain cases like medical malpractice, usually in terms of non-economic or "pain and suffering" damages.
As of 2011, Tennessee caps non-economic damages in most personal injury cases at $750,000. If the injuries include amputation of a limb, severe burns, paralysis from a spinal cord injury, or the death of a minor child's parent, non-economic damages are capped at $1,000,000. These limits apply to all types of personal injury cases.
Let Vasek & Robbins Represent You
At Vasek & Robbins, we prioritize our clients’ wellbeing and will utilize our professional experience and knowledge to your benefit. Personal injury cases must be filed as soon as possible within Tennessee’s statute of limitations, and a good law firm like Vasek & Robbins can handle your case as efficiently as possible.
If you or a loved one have been involved in an accident, consult an attorney immediately for legal representation to seek the damages you deserve. Whether the accident involved a car collision or medical malpractice, an experienced lawyer can help you establish a strong case for compensation in Tennessee.