In the event of a car accident where you were not at fault and sustained injuries, you may be eligible to recover compensation for medical expenses, lost wages, pain and suffering, and other losses. How long after an accident can you sue for the compensation you deserve?
Your right to sue the at-fault driver only lasts for a while. Every state has legal deadlines, known as statutes of limitations, that restrict your time to file a lawsuit. Understanding these timelines is critical to protecting your rights after an accident.
How Long After an Accident Can You Claim Injury?
The answer can vary depending on the laws of the state where your accident occurred. Tennessee law dictates a one-year time limit for filing most car accident lawsuits. This means you have one year from the crash date to file your complaint in civil court.
If you suffered injuries in an accident in Arkansas, you have three years from the date of the crash to file your lawsuit. In Mississippi, the standard deadline is also three years after the accident.
Remember that these deadlines apply to filing a lawsuit, not to reporting the accident to your insurance company. Most insurers require you to report a crash immediately, often within 24 hours. If you fail to inform your insurer before their deadline, they may refuse your claim outright.
Statutes of Limitations for Tennessee Car Accident Cases
Statutes of limitations are strict deadlines set by law. If you miss the deadline to file your lawsuit (except in rare cases), the court will throw out your personal injury lawsuit. This means you lose your chance to sue the at-fault driver and recover compensation for your injuries.
In addition to the state-imposed deadline, several factors can impact the exact statute of limitations in your case:
- Type of Claim – Most states have a separate statute of limitations for property damage claims. For example, Tennessee gives you three years to sue for vehicle damage, even though the deadline for injury claims is only one year.
- Minor Children – If a car accident injures a minor (someone under 18), the court may extend the statute of limitations for filing a lawsuit until the child reaches adulthood.
- Government Defendants – If your accident involved a government vehicle or employee, you may need to follow an accelerated timeline and file an administrative notice of claim before you can sue.
- Discovery Rule – When your injuries take time to show themselves, the law allows you to extend the statute of limitations. This rule lets you file a lawsuit even later, as long as you file it within a reasonable time after you discover or should have discovered your injuries.
An experienced Memphis car accident attorney can assess your unique situation and identify your case’s precise statute of limitations.
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Legal Deadlines for Injury Lawsuits
While it’s critical to understand the statute of limitations for filing your car accident lawsuit, other important deadlines may arise. How long after an accident can you sue? It depends on the legal deadlines in Tennessee. Some of these deadlines you need to take note of when filing a personal injury lawsuit are:
- Responding to the Complaint – Once you file your initial complaint, the at-fault driver has a limited amount of time (usually 30 days) to file an answer.
- Discovery Deadlines – The court may set specific dates for the parties to exchange evidence, respond to interrogatories, conduct depositions, and identify expert witnesses.
- Mediation Deadlines – Many courts require parties to attempt settlement negotiations or mediation before trial. You must typically attend sessions by a certain date.
- Trial Date – The court will issue a scheduling order that sets your official trial date. You must be ready to present your case by that date.
Your lawyer can manage all of these litigation deadlines and keep your case progressing promptly. The sooner you get an attorney involved, the more time they have to file a claim before the statute of limitations expires.
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Were you injured in a crash in the Memphis area? Don’t know how long after an accident can you sue? Don’t wait until your legal deadlines have passed to get help. The statute of limitations for most personal injury cases in Tennessee is only one year. The clock starts ticking on the date of your accident, so the sooner you talk to a lawyer, the better.
At Gatti, Keltner, Bienvenu & Montesi, PLC, our compassionate Memphis car accident attorneys are here to guide you through the legal process and fight for maximum compensation. We can identify all relevant deadlines in your personal injury claims and take swift legal action. Contact us today at (901) 526-2126 for a free, no-obligation consultation. You pay nothing unless our personal injury attorneys win your case. With our skilled team on your side, you can focus on your recovery while we handle everything else.
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