Statute of Limitations for a Personal Injury Lawsuit in Tennessee

Unfortunately, if you miss the deadline to file a personal injury lawsuit, you will forfeit the right to any compensation in almost all cases. Even if you are able to file a lawsuit, the defendant will certainly be able to file a motion to dismiss the case. The only way you may be able to circumvent the statute of limitations is in some of the exceptions listed above. It is imperative to file the lawsuit in a timely manner so you can still receive damages.

If you have filed your lawsuit in a timely manner and the suit proceeds to court, you may be wondering what the next steps are. You and your lawyer, should you choose to hire one, must prove that the defendant owed you a duty of care, breached this duty of care, directly caused your injury, and that you experienced some type of loss due to the injury incurred.

Of note, it is important to understand that you may be deemed partially at fault for your personal injury. Tennessee has a modified comparative negligence rule, which means that you can still collect damages as long as you are not more than 49% at fault for your accident. As long as you can prove that the defendant was over 50% at fault for your personal injury, you will be able to collect damages. However, be aware that if you are deemed partially at fault, any compensation you are awarded through a trial will decrease by your percentage of fault. For instance, if your settlement amount totals $30,000, but the court deems you 25% at fault for your accident, then you would receive $22,500.

If you are able to prove that the other party was negligent and you win your case, you will receive compensation in the form of economic and non-economic damages. In some cases, you may also be able to receive punitive damages, though receiving this type of compensation is rare.

Economic damages include monetary losses, such as past, present, and future medical bills and expenses, lost wages, loss of earning capacity, loss of benefits, and property damages. If you work with an attorney, they can calculate the number of damages to ask for based on documentation and estimates.

Non-economic damages are intangible losses, such as pain and suffering. This is more difficult to calculate. While there are a variety of ways you can calculate these damages on your own, it may be best to work with a skilled attorney who has experience in determining this type of loss. 

Punitive damages are not intended to compensate the victim but are used in order to punish the at-fault party who caused the injury to deter their behavior in the future. Typically, these are reserved for particularly egregious cases, such as a defendant who maliciously, recklessly, or intentionally caused a personal injury. It is important to note that in Tennessee, there is a cap on the total amount of punitive damages that may be awarded. Awards either have a limit of two times the total amount of damages awarded, or $500,000, whichever number is higher.

While it may seem obvious to you that you did not cause your accident, and another party did, there are many other factors to consider when filing a personal injury lawsuit. You must consider whether your situation would be considered to be a personal injury before filing a claim. You also must consider the statute of limitations, and whether your lawsuit falls under the exception categories.

If you do file in time and your suit proceeds to court, it would be beneficial to have an attorney who can navigate the complex criminal justice system on your behalf. There are a variety of elements required in order to prove negligence, and an attorney will have the knowledge of relevant laws to do so. They will also be able to gather important evidence to prove the at-fault party’s negligence, such as medical documentation, witness testimony, and photographs of the accident, depending on the type of incident that occurred. 

Working with an attorney also ensures that you receive the maximum amount of compensation. A qualified lawyer will know how to calculate economic and non-economic damages and negotiate the highest amount of compensation for you.

If you were injured and another party was at fault, you may be wondering what the Tennessee statute of limitations for personal injury cases is. Hiring an experienced attorney will ensure that your case is handled appropriately and in a timely manner. Morgan & Morgan is the largest personal injury firm in America and is always available to help. We have lawyers throughout the state of Tennessee who would be pleased to assist you. Throughout our career, we have recovered more than $20 billion dollars for our clients. Do not wait to reach out to an attorney for a consultation on your personal injury lawsuit. Contact Morgan & Morgan today for a free consultation.