Personal Injury FAQ – Statute of Limitations

15 August 2011 Categories: All Blogs, Car Accident, Personal Injury

The statute of limitations is a legal term that prevents a lawsuit from being filed after a certain amount of time has passed. In Tennessee, the statute found at TCA § 28-3-104 limits personal injury actions to a one (1) year statute of limitations. The Courts of Tennessee have additionally adopted the “discovery rule,” which allows a person to file a suit after the 1 year limitation if the injury was not discovered until after the statute elapsed. The discovery rule is often litigated because it states that a person can file the suit within one year of when the person discovered, or should have discovered, the injury. The defense attorneys will often argue that the injury should have been discovered before it was, and therefore, the lawsuit should be dismissed.

If you have a case in which a year has passed since the action that caused the injury, but you have recently discovered the injury, you should contact a licensed Tennessee lawyer to discuss the possibility of using the discovery rule exception to allow you to file a lawsuit. McNulty & Associates offers free consultations regarding personal injury cases that occur in Tennessee. Contact us today!

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