At Mogy Law Firm, we are unwavering in our dedication to defending the rights of both injury victims and those facing criminal charges. Our client-focused approach ensures personalized attention, transparent communication, and aggressive advocacy in personal injury and criminal defense cases. Unlike many firms, we keep personal injury attorney fees at just 25%, allowing our clients to keep more of the compensation they deserve. Whether you need a strong defense against criminal allegations or are pursuing justice after an accident, our skilled legal team is committed to achieving the best possible result for you.
Filing a personal injury lawsuit in Tennessee requires acting within strict legal deadlines. The statute of limitations determines how long an injured person has to seek compensation for medical expenses, lost wages, and pain and suffering. Missing the deadline can result in losing the right to file a claim, no matter how severe the injury. Understanding Tennessee’s personal injury laws, comparative fault rules, and available compensation helps injured parties protect their legal rights and maximize their recovery.
In this blog, we’ll outline the statute of limitations for personal injury cases in Tennessee, the impact of comparative fault, available compensation, and essential steps to protect your legal rights, while highlighting the importance of working with an experienced Nashville personal injury attorney to secure fair compensation.
Tennessee’s Statute of Limitations for Personal Injury Claims
Tennessee law sets a strict deadline for filing a personal injury lawsuit. Missing this deadline means losing the right to seek compensation for medical expenses, lost wages, and other damages.
One-Year Deadline for Personal Injury Lawsuits
Most personal injury cases in Tennessee must be filed within one year from the date the injury occurs. This applies to car accidents, premises liability, product liability, and other claims where an injured party seeks financial compensation.
Exceptions to the One-Year Rule
Certain situations allow for exceptions. If the injured person is a minor or legally incapacitated, the deadline may be extended. In cases where the injury is not immediately known, the statute of limitations may start from the date of discovery rather than the accident date.
Consequences of Missing the Deadline
If a personal injury lawsuit is not filed before the statute of limitations expires, the case is dismissed. The injured party loses the ability to recover compensation for medical bills, pain and suffering, lost wages, and other damages.
Why Immediate Action Is Important
Delaying legal action can weaken a case. Evidence can be lost, and witness statements become less reliable over time. Filing a claim quickly helps preserve critical evidence and increases the chances of securing a fair settlement. Consulting an experienced personal injury lawyer ensures deadlines are met and legal rights are protected.
Types of Personal Injury Cases Covered by the Statute of Limitations
Tennessee law sets strict deadlines for filing personal injury lawsuits. The statute of limitations applies to various types of cases, each with specific legal considerations.
Car Accidents and Motor Vehicle Accidents
Victims of car accidents, truck accidents, motorcycle crashes, and pedestrian collisions have one year from the accident date to file a lawsuit. Compensation may include medical expenses, lost wages, and property damage. If the at-fault driver was reckless, punitive damages may apply.
Premises Liability Cases
Premises liability claims arise when an injury occurs on someone else’s property due to unsafe conditions. Common cases include slip and falls, negligent security, and hazardous property conditions. Property owners may be held responsible if they failed to maintain safe premises.
Product Liability Claims
Defective products can cause serious injuries. A product liability lawsuit holds manufacturers, designers, or retailers accountable for unsafe products. Claims may involve faulty medical devices, defective auto parts, contaminated food, or unsafe consumer goods.
Medical Malpractice Cases
Victims of medical errors must file a claim within one year from the date of the injury or the date they discovered the harm. Medical malpractice includes surgical mistakes, misdiagnoses, medication errors, and birth injuries. If the injury is not immediately discoverable, Tennessee allows up to three years from the date of the negligent act.
Wrongful Death Cases
When negligence causes a fatal injury, family members can file a wrongful death lawsuit. The one-year statute of limitations starts from the date of death, not the accident date. Compensation may include funeral costs, medical expenses, lost financial support, and pain and suffering.
Other Personal Injury Claims
Other injury claims include dog bites, workplace accidents, emotional distress, and catastrophic injuries. In each case, the injured party must prove that someone else’s negligence caused the injury. The one-year statute of limitations applies to most claims, with limited exceptions.
The Role of Comparative Fault in Tennessee Personal Injury Cases
Tennessee follows a modified comparative fault system, which affects how much compensation an injured person can receive. Understanding this rule is essential when filing a personal injury lawsuit.
How Comparative Fault Works
Comparative fault means that if an injured party is partially responsible for an accident, their total settlement amount is reduced by their percentage of fault. The insurance company and the court determine each party’s level of fault based on evidence from the accident scene, medical records, and witness statements.
The 50% Bar Rule
Tennessee law follows the 50% bar rule for comparative fault. If the injured person is 50% or more at fault, they cannot recover compensation. If they are less than 50% at fault, they can still receive damages, but the final settlement amount is reduced by their percentage of fault.
Example of Comparative Fault in Action
If an injured party is found 20% responsible for a car accident, and their total damages are $100,000, they would receive $80,000 after the fault reduction. If they were found 50% or more at fault, they would receive nothing.
Impact on Personal Injury Cases
Comparative fault applies to most personal injury claims, including car accidents, premises liability, product liability, and wrongful death cases. Insurance companies often try to shift blame to reduce their payout. An experienced personal injury lawyer can challenge these tactics and protect an injured party’s right to fair compensation.
Proving Liability in a Personal Injury Lawsuit
To minimize fault and maximize financial compensation, an injured party must present strong evidence. This includes medical records, accident reports, expert witnesses, and video footage if available. Preserving evidence immediately after an accident can make a difference in a personal injury case.
Steps to Take After an Injury to Protect Your Legal Rights
Taking immediate action after an injury can improve the chances of securing financial compensation. Following these steps helps preserve evidence, prove damages, and protect legal rights.
Get Medical Treatment and Keep Records
Seeking medical treatment right away ensures injuries are properly diagnosed and treated. Medical records document the severity of injuries and link them to the accident. Delaying treatment can weaken a personal injury case and give the insurance company a reason to deny compensation. Keep all medical bills, prescriptions, and doctor’s notes as evidence.
Report the Incident and Obtain an Official Record
Filing a report helps establish liability. In a car accident, call the police and request a crash report. For premises liability cases, notify the property owner or manager. If the injury happens at work, report it to a supervisor. An official record supports a personal injury claim and strengthens settlement negotiations.
Collect and Preserve Evidence
Gathering evidence helps prove fault and the extent of damages. Take photos of the accident scene, visible injuries, and property damage. Get contact information from witnesses. Save medical bills, receipts, and written communication with insurance companies. Strong evidence increases the chances of receiving fair compensation.
Limit Communication with Insurance Companies
Insurance companies try to minimize payouts. They may ask for a recorded statement or offer a quick settlement that does not cover all damages. Speaking with a personal injury attorney before talking to an insurance adjuster helps protect the claim. An attorney can handle settlement negotiations and ensure the injured party receives a fair settlement amount.
Hire a Personal Injury Lawyer and File a Lawsuit Before the Deadline
Tennessee law sets a one-year statute of limitations for most personal injury cases. Filing a lawsuit after this deadline means losing the right to seek compensation. A personal injury lawyer ensures all paperwork is filed on time and fights for maximum compensation. Most attorneys work on a contingency fee basis, meaning they only get paid if the case settles or wins in court.
Compensation Available in a Tennessee Personal Injury Case
An injured party may recover compensation for financial losses and emotional harm caused by someone else’s negligence. Tennessee law allows different types of damages based on the severity of injuries and the impact on the injured person’s life.
Economic Damages Cover Financial Losses
Economic damages compensate for direct financial losses caused by an injury. This includes medical expenses, lost wages, and property damage. Medical costs may cover hospital bills, surgery, rehabilitation, prescriptions, and ongoing care. Lost wages compensate for income lost due to missed work. If the injury reduces future earning capacity, damages may include lost future income.
Non-Economic Damages Compensate for Pain and Suffering
Non-economic damages compensate for the emotional and physical suffering caused by an injury. This includes pain and suffering, emotional distress, and loss of enjoyment of life. Injuries that cause long-term disability or chronic pain may qualify for higher compensation. Tennessee law places limits on non-economic damages, generally capping them at $750,000, or $1 million for catastrophic injuries.
Punitive Damages Punish Extreme Negligence
Punitive damages apply when the at-fault party acted with intentional misconduct or reckless disregard for safety. These damages are rare but may be awarded in cases involving drunk driving, assault, or severe negligence. Tennessee caps punitive damages at twice the amount of compensatory damages or $500,000, whichever is greater.
Wrongful Death Compensation Supports Surviving Family Members
When negligence causes a fatal injury, the surviving family members may file a wrongful death lawsuit. Compensation may include funeral costs, medical expenses before death, lost financial support, and emotional suffering. Tennessee law allows spouses, children, or the deceased’s estate to seek damages.
Factors That Affect the Total Settlement Amount
The settlement amount in a personal injury case depends on the severity of the injury, medical costs, lost income, and the level of fault assigned. Tennessee follows a modified comparative fault rule, which reduces compensation if the injured party is partially at fault. If the injured person is 50% or more responsible, they cannot recover damages.
Why Legal Representation Increases Compensation
Insurance companies often offer low settlements to limit payouts. An experienced personal injury attorney can negotiate for fair compensation, present medical records and expert witnesses, and take the case to trial if needed. Many attorneys work on a contingency fee basis, meaning they only get paid if the case settles or wins in court.
Consult With an Experienced Nashville Personal Injury Lawyer ASAP!
If you or a loved one has been injured due to someone else’s negligence, time is limited to take legal action. Our team at Mogy Law Firm is dedicated to helping injured victims in Nashville and throughout Tennessee secure the compensation they deserve.
Contact us at (414) 334-5472 for a free case review!
