When someone is an involved in accident causing personal injury in Tennessee, there are certain important dates to remember or keep in mind, both from a legal standpoint and a practical standpoint. The first important date is the actual date of the accident. In car wrecks, slip and fall claims, or other personal injury claims this is fairly straightforward in that the date of the accident is well-known. However, in some circumstances there can be an injury suffered that is not discovered until a later period of time such as in a medical malpractice claim. In those cases, the date of the discovery of the negligence is the critical date.
There are certain very important dates that affect whether someone can bring a claim. For instance, there is a one-year statute of limitations on personal injury suits. The case must be filed within one year of the cause of action. Tennessee Code Annotated section 28-3-104 states that actions for injuries to the person, false imprisonment, malicious prosecution, wrongful death, medical malpractice, and products liability actions must be brought within one year.
There is another time limitation called a statute of repose. It is different from a statute of limitations in that once a statute of repose runs there is no opportunity to bring a claim – period. For instance, there is a ten-year statute of repose on products liability claims that runs from the date on which the product was first purchased for use or consumption or within one year after the expiration of the anticipated life of the product, whichever is shorter. The exception is when the injury is to a minor and then the action must be brought within a period of one year after obtaining the age of majority. T.C.A. § 29-28-103.
There are other less formal, yet just as important dates. Someone who has suffered injuries as a result of an accident should seek medical attention immediately from either an emergency room or other appropriate medical personnel. The worse thing to do is to think that the injuries will go away on their own and not seek treatment for weeks after an accident because the insurance company is likely to say you did not suffer a serious enough accident and discount your damages. Additionally, the injured person should give notice to his/her own automobile insurance company.
If you need more information about a Social Security Disability/SSI, personal injury, EEOICPA, long or short-term disability, VA disability, Railroad Retirement Board disability, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611 or through our website.