The statute of limitations is a law that sets the maximum time you have to file a legal claim after an event occurs. Once this period expires, you can no longer initiate a lawsuit related to that event. These laws are designed to ensure fairness and efficiency by encouraging prompt resolution of disputes and preserving the freshness of evidence.

Statutes of limitations vary by the type of legal claim and by jurisdiction. For example, personal injury claims may have different time limits from state to state, ranging from one year to more. In Tennessee, the statute of limitations for personal injury claims is notably short.

What is the purpose of statutes of limitations?

Statutes of limitations are crucial for several reasons, providing benefits to both the legal system and the parties involved in potential litigation. Here are the main reasons why these laws are important:

• Fairness to defendants: They prevent defendants from being held indefinitely liable for actions that occurred many years ago. As time passes, evidence may be lost, and memories may fade, making witnesses become less reliable.
• Encouraging prompt resolution: These laws motivate plaintiffs to file claims promptly, helping preserve evidence and witness testimony, which are more accurate and reliable when collected soon after the event.
• Legal certainty and stability: By setting a time limit for filing claims, statutes of limitations provide predictability and stability, reducing the risk of unexpected lawsuits arising from events long past.
• Avoiding unjust enrichment: They prevent claimants from benefiting unjustly by waiting until the risk of litigation appears minimal.
• Resource efficiency: They help the legal system manage resources by focusing on more recent cases where evidence is readily available rather than older cases that are harder to prove.
• Peace of mind: For individuals and businesses alike, knowing that there is a finite window in which they can be sued for past actions provides peace of mind and allows them to plan for the future without the indefinite threat of legal action.

These reasons highlight the balance statutes of limitations try to achieve between the right of an individual to seek redress and the need for closure and certainty in legal affairs.

What is Tennessee’s statute of limitations for personal injury claims?

In Tennessee, the statute of limitations for filing a personal injury claim is generally one year from the date of the accident or event that caused the injury. This timeframe applies to most personal injury cases, including those involving car accidents, slip and fall incidents, and other types of injuries caused by negligence.

Given that Tennessee’s one-year limit is relatively short compared to many other states, it’s crucial to act quickly if you believe you have a personal injury claim. Consulting with an experienced personal injury attorney as soon as possible is advisable to ensure your rights are protected, and your claim is filed in a timely manner. Missing this deadline typically means you lose the right to sue for damages related to your injury.

Are there any exceptions to Tennessee’s statute of limitations for personal injury cases?

Yes, there are several exceptions to Tennessee’s one-year statute of limitations for personal injury claims that can affect how long you have to file a lawsuit. Here are some of the key exceptions:

• Discovery rule: In some cases, the injury or the cause of the injury may not be immediately apparent. Tennessee law applies the discovery rule for certain types of injuries, where the statute of limitations may start running from the date the injury is discovered or should have been discovered with reasonable diligence.
• Minors: If the injured party is a minor, the statute of limitations usually does not begin until the minor reaches the age of majority, which is 18 in Tennessee, meaning a minor has until their 19th birthday to bring a personal injury lawsuit.
• Mental incapacity: If a person is mentally incapacitated when they are injured, the statute of limitations may be paused until the incapacity concludes.
• Defendant’s absence from the state: If the defendant leaves the state of Tennessee after causing an injury but before a lawsuit can be filed, the period of their absence may not be counted against the statute of limitations.
• Fraud: If the defendant has concealed their wrongdoing or misled the victim in a way that prevented the discovery of the claim, the limitation period may be extended to allow the injured party to file after the deceit is uncovered.

These exceptions ensure fairness when circumstances prevent the timely filing of a lawsuit. However, interpreting and applying these exceptions can be complex, so consulting with a legal professional is often beneficial.

At Banks and Jones, our Knoxville personal injury lawyers have been advocating on behalf of the injured in Tennessee for more than 33 years. We are focused on helping injured clients file legal claims on time so that they can recover the damages they deserve. Call us or fill out our contact form to speak with one of our experienced attorneys in Knoxville.