The Statute of Limitations: Understanding Deadlines for Filing Claims

For a personal injury case to be successful and result in compensation, the victims must ensure that they meet and follow the statute of limitations.

Contacting a Chattanooga personal injury lawyer right away can help you file a claim within the statute of limitations so you do not miss the deadline.

What is the main purpose of a statute of limitations?

The purpose of a statute of limitations is to inform you of the deadline to take legal action against the at-fault party for their negligence. Whether you plan to file a claim or lawsuit, you must ensure that you meet the length of time stated by the statute of limitations. It is crucial to know and understand that each state’s statute of limitations differs. So, if you live in one state and your accident occurs in another state, you will need to follow the statute of limitations in the state in which your accident occurred.

Why are statutes of limitations important?

Many people do not understand why we need a statute of limitations that forces us to take legal action within a certain time. However, the truth is that these deadlines are important for several reasons, including:

• They make sure that legal cases are handled promptly: By having a statute of limitations in place, injured individuals and their representatives are more likely to handle insurance claims and lawsuits promptly. When individuals must take legal action within a certain time limit, this means that they can potentially receive financial recovery more quickly. If there were no statute of limitations in place, accident victims’ bills and expenses would continue to pile up, and it may take many years to pay them off and gain financial stability again.
• They prevent insurance companies, courts, and judges from becoming overwhelmed: Even though insurance companies, courts, and judges are already very busy, they would be even busier if there were no statute of limitations in place. Right now, they typically handle cases that meet the deadlines provided by the statute of limitations. However, without a statute of limitations, insurance companies, courts, and judges would have to deal with legal matters from many years and even decades ago.
• They reduce the loss of evidence: With each day that passes after an accident, evidence becomes at risk of being lost, tampered with, destroyed, or deleted.
• They prevent people from waiting many years or decades to seek legal action: If there were no statute of limitations, people might wait several years or decades to seek legal action. This would create various problems as the at-fault party may not know what they did or when they might receive a lawsuit. For example, an accident victim may decide that they need money and file a personal injury claim for an accident that occurred 30 years prior, even though they are no longer experiencing physical, mental, or emotional effects from the accident.

What is the statute of limitations for personal injury cases in Chattanooga?

The statute of limitations for personal injury cases in Chattanooga and the rest of Tennessee is typically one year. This means that you generally have 12 full months from the date of your accident to file a personal injury claim or lawsuit against the liable party.

If you need to file a lawsuit for property damage, the statute of limitations is three years.

If you have been injured by a malfunctioning or defective product, the statute of limitations is generally six years. This means that you must file a claim or lawsuit against the manufacturer of the product within six years of the date that the product injured you. There is also a 10yr statute of repose.

Can missing these deadlines affect my case?

Yes, missing the deadlines established by the statute of limitations can severely affect your case. This is because the statute of limitations gives you the legal right to seek justice and compensation for your injuries and other losses within a reasonable time. Therefore, if you do not file a claim or lawsuit within the time limit given, you are giving up your right to ever take legal action against the responsible party.

Cornell Law School explains that a statute of limitations “bars claims after a certain period passes after an injury.” Therefore, if you try to file a claim or lawsuit after the time limit provided by the statute of limitations, the judge will likely throw it out, and you will be barred from ever recovering damages for your medical bills, property damage, pain and suffering, and any other losses caused by the accident.

Are there exceptions to the statute of limitations?

Yes, there are exceptions, and an attorney can help determine if anything applies to your situation. They will review your case’s facts and determine whether your accident meets the requirements to be considered an exception and grant you more time to pursue legal action. The following are a few exceptions that may apply to your case:

• You were a minor: If you were under the age of 18 when the accident occurred, you have until your 19^th birthday to file a claim or lawsuit for pain and suffering, loss of enjoyment of life, and permanent impairment. The claim for medical expenses is not generally the minors claim.
• You were considered mentally incompetent: If you were considered mentally incompetent after the accident, the statute of limitations may be on hold until you are considered competent again because you were unable to think clearly. This could be due to being in a coma or having a severe physical or mental disability.
• Your injuries were not immediately known: It can take weeks, months, or even years for injuries to be discovered and become known. Therefore, if you have proof that your injuries were not immediately identified and diagnosed by a medical professional after the accident, you may be given an extension to file a claim or lawsuit.
• The death occurred after the deadline to file: Family members might be issued an extension to file a lawsuit because the death occurred weeks or months after the accident, changing the deadline to one year from the date of death instead of the accident.

If you or a family member have recently been involved in any type of accident, please do not hesitate to get in touch with a Chattanooga personal injury attorney from Wagner Workers’ Compensation & Personal Injury Lawyers at your earliest opportunity. Call our office or submit our contact form to schedule a free case review today. We are based in Chattanooga, but we proudly represent clients in Cleveland, North Georgia, and surrounding areas.