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I learned of an injury years after the accident. Can I still sue?

If you are involved in a car accident of any kind, it is highly recommended that you have a medical professional extensively explore your health. Even if you feel perfectly fine, it is possible that you suffered an injury that you are not aware of because it is not easily visible. The most likely and most concerning culprit would be a brain injury. Your head may not feel injured, and you may not be able to see any signs of injury, but the whiplash of a car accident could cause unknown injuries.

What makes undetected brain injuries so dangerous is that they can cause crippling injury or problems at any time. A brain injury that you suffered years ago could suddenly cause you to collapse or have a stroke, without any warning. The problem is that if it truly has been years since the accident, the statute of limitations may have expired.

Of course, if the statute of limitations has expired for your injury, that does not mean that you should give up hope. You may still be able to bring a claim against the driver who was at fault in your accident, but it might be difficult. In some cases, courts apply what is known as the discovery rule, which states that the statute of limitations does not begin to expire until you should have known about the injury.

If you truly had no idea that you were suffering from a brain injury, you may still be able to file a claim. In order to help you with your legal claim, it is highly recommended that you meet with an attorney who is familiar with your state's statute of limitations and discovery rule. Tennessee residents are encouraged to meet with an attorney who has experience with Tennessee law so that they have a better chance of filing a claim even if the statute of limitations has expired.

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