If you sustained injuries in a car accident, you have one year from the date of the crash to file a lawsuit against the at-fault driver’s auto insurance company. The statute of limitations restricts how long you have to initiate a car accident lawsuit. If you want to pursue compensation for the damage done to your car, you have three years to file a lawsuit over your personal property.
Keeping track of deadlines to file lawsuits while treating your accident-related injuries can get complicated. If you are not sure how the statute of limitations applies to your car accident, the Law Offices of Ogle, Elrod & Baril, PLLC, can help you.
If you have a viable claim, we can build a strong lawsuit on your behalf. We have helped many accident victims in Tennessee recover compensation for medical expenses, lost wages, pain and suffering, and other damages. Contact us today at 865-546-1111 for a free consultation of your case.
What Happens If I Miss the Deadline for Filing a Lawsuit?
The at-fault driver or the driver’s auto insurance company can ask a judge to dismiss your complaint because you failed to meet the statute of limitations. Unless you provide an explanation the court accepts, a judge could grant the defendant’s request and dismiss your lawsuit.
Are There Exceptions to Filing After One Year?
There are some exceptions to “tolling,” or delaying the statute of limitations for filing a lawsuit. For example, the statute may toll because of one of the following reasons.
Injury Discovery
In cases of delayed injury discovery, the statute of limitations begins at the time you discovered your injury instead of starting on the date of the accident. This is the discovery rule. This can help your case if your injuries were slow to develop after your car crash.
Natural Disasters
Under state law, Tennessee courts can extend the deadline for filing civil actions in the aftermath of a tornado, flood, or other natural disaster that shut down court operations.
Criminal Charges
If the at-fault driver is facing criminal charges for causing the accident that led to your injury or to the wrongful death of your loved one, state law extends the statute of limitations from one to two years.
Our firm’s experienced personal injury lawyers can review the circumstances of your car accident and help you determine the amount of time you have to initiate a lawsuit. Depending on the circumstances of your crash, we may be able to negotiate a settlement with the other driver’s insurance company without having to file suit in court.
Contact the Law Offices of Ogle, Elrod & Baril, PLLC, Today for Help.
The Law Offices of Ogle, Elrod & Baril, PLLC, can help you file a car accident lawsuit to recover compensation you deserve.
Our law firm has decades of combined experience in negotiating settlements for insurance claims and litigating personal injury lawsuits. We conduct thorough investigations, calculate the full value of associated losses, and pursue the maximum compensation possible for all of our clients.
Call us now at 865-546-1111 for a complimentary legal consultation.