Tennessee law typically gives you one year from the date of your crash to file a Nashville motorcycle accident lawsuit in court. If a loved one passed away in the crash, the same one-year deadline applies to wrongful death claims, though note that it also starts from the date of the accident (not the date of death). These time limits are set by the state’s statutes of limitations, and missing them almost always means losing your right to pursue compensation from the responsible party altogether.
Read on to learn more about how these laws work and what other deadlines you should be aware of.
The Personal Injury Statute of Limitations in Tennessee
Per Tennessee Code § 28-3-104, the statute of limitations for most personal injury lawsuits is one year. The clock starts running on the date the accident takes place. If you do not file your lawsuit in the appropriate court before the time limit expires, the court will almost certainly dismiss your case.
One year is significantly shorter than the filing deadline in most other states, which is why acting quickly after a motorcycle accident in Tennessee is especially important. Building a winning case takes time, and your lawyer will ideally have some time to investigate the crash and calculate your damages before filing anything.
Exceptions That May Change the Deadline
There are limited circumstances where the one-year deadline may be extended. For example, if the injured person was a minor at the time of the accident, the statute of limitations may be tolled (paused) until they reach the age of majority. In some cases involving a defendant who fled the state after the accident, the clock may also be paused.
However, these exceptions are narrow and do not apply in most cases. Relying on the possibility of an extension without confirming it with an attorney is a risky approach. The safest course of action is to treat the one-year deadline as firm and get the legal process moving as soon as possible.
What About the Deadline for Insurance Claims?
In addition to the statute of limitations for lawsuits, there may also be deadlines related to your insurance claim. Your insurance policy may require you to report the accident and file a claim within a specific timeframe. Failing to meet these contractual deadlines could result in a denial of your coverage.
It’s important to either file a lawsuit by the time the statute of limitations is up or have your insurance claim completely finalized by that date. If your claim isn’t 100% completed by the time the deadline passes, you will lose your leverage with the insurance company.
Schedule a Free Consultation With Woodard Injury Law
Tennessee’s one-year statute of limitations leaves little room for delay. If you were injured in a motorcycle accident, contacting a personal injury attorney as soon as you can is the best way to protect your claim and make sure no deadlines are missed.
Contact Woodard Injury Law to get started with your case today at (615) 314-4626. We offer a free consultation and work on contingency, which means you only pay attorney’s fees if we win compensation for you.