When you’re involved in a car accident in Tennessee, there’s no end to the extra tasks you suddenly have to do. You have to call insurance, get your vehicle repaired, go to medical appointments, and figure out how you’re going to pay everything. But in the midst of it all, don’t forget that you have to decide whether or not you want to pursue a personal injury claim. While you do have time to file your case, the deadline starts as soon as your injury occurs. Waiting too long could mean losing important evidence and, eventually, your right to seek compensation.

The team at Banks & Jones is here to help. We understand how overwhelming the aftermath of a car accident can be, and we want to streamline the process as much as possible for you. Call us today to get started.

Tennessee’s one-year deadline

The statute of limitations dictates how long you have to take action against a negligent party after they cause you harm. In Tennessee, the majority of personal injury claims must be initiated one year from the date of the injury. This includes injuries resulting from car accidents.

This law is more restrictive than most states’ personal injury laws. A two-year statute of limitations is fairly common, so a one-year statute of limitations doesn’t give you much time to take action.

If you miss this deadline, your case may be dismissed if you try to sue the other party. It does not matter how severe your injuries are, how obvious it is that the other party was at fault, or how egregious their behavior was—you could lose your right to seek compensation.

Circumstances that extend the deadline

There are several situations in which this deadline is extended.

Criminal charges

If the state brings criminal charges against the person who caused your injuries—for example, in a drunk driving case—and the charges are timely filed and properly prosecuted, you may have up to one year after the criminal case ends, but no more than two years from the date of injury to file.

Cases involving children or mentally impaired individuals

When the victim is a minor or deemed incompetent, the statute of limitations is temporarily paused, or tolled, until the individual turns 18 or regains competency. At this point, the person generally has one year to file a personal injury claim, although certain circumstances may extend the deadline.

What happens if you miss the deadline?

Missing the deadline to file a personal injury claim after an injury is unfortunate. Legally, you can file a case even after the statute of limitations has passed. However, the defendant will likely file a motion to dismiss. The judge has no real option other than to grant the dismissal. At that point, your case—and your chance for compensation—is gone.

People wonder if there are any factors that can change this outcome. What if the other party admitted fault at the scene of the crash? What if your insurance company determined that they were liable? What if the accident was severe enough that you’ll never work again?

Unfortunately, none of that matters. Once the statute of limitations has passed, your opportunity is likely gone.

Why you should file early

For best results, you don’t just want to meet the deadline. You want to stay ahead of it as much as you reasonably can. There are several reasons for this:

• Evidence disappears or degrades quickly: A lot of evidence generated in car accident cases is time-sensitive. Consider, for example, the crash scene itself. The police will have the scene cleaned up within hours of the collision, which is why it’s so important to take pictures and video footage at the scene. Other forms of evidence are equally sensitive. Dashcam footage isn’t saved forever—many models save data for a set period of time and have new footage overwrite old footage. If you wait months to start your claim, none of this evidence may even be available to you.
• Eyewitness memories become less reliable: Eyewitness statements can do a lot to strengthen your car accident claim in Tennessee, but only if you talk to the eyewitness quickly and get a statement from them. The longer you wait to talk to someone about an event, the more unreliable their memories may be. If you wait months, they may remember very little. On top of that, their memories may be distorted by news reports, what other people saw, and other factors.
• Insurance companies move quickly: When you wait too long to start a personal injury claim, you put yourself in a weak legal position. The liable party’s insurance company likely begins its investigation immediately after a crash. When they realize that their client is at fault, they might start finding ways to weaken your claim immediately. If you start your case months later, the insurance company already has a significant advantage.

It’s a good idea to talk to a car accident attorney as soon as possible after a collision. They know the challenges you’ll be up against and how best to fight for compensation. Your lawyer can gather evidence, preserve important records, and build a case that insurance companies take seriously.

Ready to start your claim? Call Banks & Jones

When you’re ready to take action and pursue compensation for your injury, our team is here to fight for you. Contact us online or call us to get started now.