Bart Durham Personal Injury News & Blog

Tennessee's short statute of limitations and the discovery rule

Written by Bart Durham Injury Law | Jan 1, 2016 10:17:03 PM

If you have ever been involved in a car accident, you are lucky to be alive, even if the accident was seemingly minor. You may think that you suffered no injuries in the accident and that it was not a significant issue, but the truth is that even seemingly minor accidents can cause significant head and brain injuries that can affect your life for months. You may not even be aware of such injuries.

Victims who have suffered an injury in a car accident may or may not know that they have until the statute of limitations for the case expires in order to bring any legal action. It may surprise you to learn, however, that depending on when you discover or should reasonably have discovered the injury, you could bring a legal claim about the accident years after it occurred, even after the statute of limitations expired.

This is known as the discovery rule, and it is extremely important for head and brain injuries, which can often go unchecked or unnoticed for years after a car accident. This is especially important for victims of car accidents in Tennessee because our state is tied for the shortest statute of limitations in the country at only one year. This means that you have a very short amount of time to consider and bring legal action against another person for an injury that he or she caused you.

If the statute of limitations for your case has expired, it is in your best interests to meet with an attorney. Legal assistance can help you take advantage of the discovery rule and ensure that you are able to bring a claim against someone who caused you harm. This can help you get the compensation you deserve, even years later.