When you are planning to file any type of insurance claim or personal injury lawsuit, you need to keep the statute of limitations for your claim type in mind. The statute of limitations is the period of time following your accident that you have to file your claim. This period can be different for the different type of claims and varies from state to state. There are also some circumstances that can change the statute of limitations for filing a particular type of claim, such as if a personal injury victim was under the age of 18 when his or her accident occurred. If you have any questions about the statute of limitation, then give our Experienced Memphis Attorneys a call.
In Tennessee, the statute of limitations for filing a personal injury claim is one year from the date of the accident. This includes wrongful death claims as well. For property damage claims, a claimant has three years to file his or her claim.
If you have suffered an injury or property damage in a car accident in Tennessee, it is critical to your claim’s success that you comply with the statute of limitations for your claim type. Failure to file your claim before the statute of limitations expires invalidates your claim.
Why Have a Statute of Limitations?
Many individuals often wonder what purpose the statute of limitations serves. After all, a victim can certainly still suffer from his or her injury after the allotted period of time for filing a claim ends. But enforcing a statute of limitations ensures that a claim is resolved fairly and accurately. As time passes, evidence can be lost and make it impossible to prove that the allegedly negligent party was at fault for an accident or demonstrate the extent of the victim’s injury. Further, new circumstances can affect the individual’s loss or injury, making it impossible to determine the true cause of his or her damages.