All civil cases have an associated time limit in which a plaintiff may bring a valid legal claim before the court. Each state has the authority to set these limits for each type of civil claim, technically known as a statute of limitations. The time limitations rules often vary wide in many states, but that is not the situation in the state of Tennessee. Tennessee has one of the shortest time periods in which to bring a civil legal action, as the statute of limitations is one year for most cases. However, the limitations are still a variable in some instances depending on specific material facts of the case, especially in a personal injury claim.
When the Clock Begins
One of the most difficult issues in a personal injury claim can be determining when the actual time period begins with respect to a time limitation on filing a claim. In Tennessee, the time limit for filing a personal injury claim is consistently held at one year, but one year from when? In most cases, the limitations time period begins immediately after the plaintiff suffers the injury, but this is not always the case in a personal injury claim. Many injuries do not manifest until well after the injury actually occurred, such as back and neck injuries, and these injuries need a legal assessment of when the statute of limitations “clock” began ticking. The “Discovery of Harm” rule is used in delayed injury claims, which basically says the limitation period begins at the discovery of the existence of the injury.
Statute of Limitations Exceptions
There are also some exceptions to the rule on expired limitations, with one of those specifically involving minor children. The time limitation on personal injuries involving children are still held at one year, but the limitation clock does not begin until the minor has reached 18 years of age. This gives minors some extra protection under the law to sue for a personal injury that develops or worsens as they are growing up. The same condition applies to incompetent individuals even after they reach adulthood, but documentation of incompetence would be a claim requirement.
Medical Malpractice Limitations
Tennessee provides a specific statute for handling medical malpractice personal injury cases. While the standard time limit for a personal injury claim remains at one year, a delayed claim cannot be brought after a period of three years, with a few exceptions. This is called the Statute of Repose, and includes minors as well. The only exception to this rule is when a negligent medical treatment professional attempts to conceal a negligent recoverable act, or if a surgeon leaves a surgery tool or material inside a patient who does not discover the problem until many years later.
While the statute of limitations in Tennessee attempts to unify time spans in which a legal action can be brought, there are still some rules that can alter that particular time period. The best course of action is usually to err on the safe side by seeking legal counsel immediately after discovery of the injury.
