Your focus is probably on recovering physically and emotionally after getting into a car accident, and rightfully so. However, it’s also important to understand the deadlines that may apply to your potential legal case, as you may be entitled to substantial compensation from the responsible party. Tennessee law sets strict time limits for filing car accident claims; missing them could cost you the right to recover any compensation at all.
If you’ve been hurt in a crash, it’s crucial to act quickly. Speaking with a qualified Tennessee car accident lawyer can help ensure your claim is filed properly and on time.
Tennessee’s Statute of Limitations for Car Accident Claims
In Tennessee, most car accident lawsuits must be filed within one year of the date of the crash. This short deadline is outlined in Tennessee Code § 28-3-104, which governs personal injury actions. That means you generally have just twelve months from the day of the accident to bring a lawsuit for your medical bills, lost wages, pain and suffering, and other related damages.
If a loved one passed away in a fatal collision, a wrongful death claim is also subject to the same one-year deadline, though the clock typically starts running on the date of death rather than the date of the accident.
Failing to file within this period will almost always result in your case being dismissed, no matter how strong your evidence may be. Note as well that this time limit applies both to lawsuits as well as insurance claims; to meet the deadline, you must either file a lawsuit in court or have your settlement agreement completely finalized.
What About Property Damage Claims?
The deadline is slightly different if your case involves only vehicle or property damage. In those situations, you have three years from the date of the crash to file your claim under Tennessee Code § 28-3-105.
However, it’s still best to take legal action as promptly as possible despite this longer time limit. Evidence tends to fade with time, and the more time your lawyer has to build a solid case on your behalf, the better.
Are There Any Exceptions That Can Change the Deadline?
Although Tennessee’s statute of limitations is strict, a few limited exceptions might extend the filing period for a car accident claim. For instance, the one-year clock might pause (“toll”) if:
- The injured person is under 18 years old or declared legally incompetent
- The at-fault driver leaves the state after the crash and before a lawsuit can be filed
- The claim involves a government entity, in which case you may need to file a notice of claim much sooner
These exceptions are rare and highly fact-dependent. An experienced attorney can review your situation and confirm whether any apply.
Schedule a Free Consultation With a Tennessee Car Accident Lawyer
If you’ve been involved in a car accident anywhere in Tennessee, don’t wait to take action. The state’s one-year deadline leaves little time to build a winning claim. A skilled car accident attorney in Tennessee can help you pursue maximum compensation and file your claim before time runs out.
Contact Woodard Injury Law today to get started with a free consultation. We work on a contingency fee basis, so we only get paid if you do.