Best Personal Injury Lawyers Nashville, TN Of 2024 – Forbes

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When navigating a personal injury claim in Tennessee, there are many variables that can influence its outcome. If you are deciding whether to file a claim, know someone who needs a personal injury lawyer or simply want to be informed in case of any future accidents, you should be aware of three factors that can influence the success of your personal injury case.

Tennessee Statute of Limitations

From the moment an individual gets injured, the countdown to file a case with the state’s court system begins. In Tennessee, this time limit is one year.

However, this timeline isn’t just a friendly guideline. If someone in an accident or injury files their lawsuit after this date, the opposing party can file a motion to dismiss the case. It also gives a judge grounds to throw out the case entirely.

It doesn’t matter if the accident or injury was a result of negligence, an intentional act, or recklessness, the one-year statute of limitations applies without bias.

Exceptions to the Statute of Limitations

Every rule has an exception, and the statute of limitations in Tennessee is no different. If you need to file a personal injury claim in Tennessee, there are exceptions where the time period to file a claim can be extended:

  • If the victim was a minor (under 18 years old) at the time of the accident.
  • If the state files criminal charges against the person who caused the accident, the victim has up to two years to file a claim

Determining Fault in Tennessee

Tennessee is a comparative negligence state. This means that if a plaintiff hopes to be successful in receiving damages for their injury, they must be less than 50% at fault for the accident. However, being less than 50% at fault, still doesn’t entitle them to the whole sum of compensation that they may be after.

Under Tennessee law, there is a modified comparative fault rule. Here is an example:

John was rear-ended by another driver. He was waiting at a red light. However, his brake lights weren’t working at the time of the accident. The court determined that if John’s brake lights had been functioning, the probability of the accident happening would have been reduced by 10%. The total damage to the car was $6000. With Tennessee’s modified comparative approach to claims, John will only receive $5400, calculated by deducting his 10% of fault ($600).

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