Legal Question in Personal Injury in Tennessee
Car Accident/Statute Of Limations for filing suit
My husband fractured his neck and collarbone nine months ago in a car accident where his father was the driver who accidentally fell asleep at the wheel (no alcohol involved). He has been reluctant to file suit for the obvious, and we are recognizing that his injury has long term consequences that will drain our finances if we do not take legal action. Is the statute of limitations for filing suit for a car accident one year? Or are we too late...
Thank you,
Stacy
5 Answers from Attorneys
Re: Car Accident/Statute Of Limations for filing suit
Contact an attorney quickly. The Statute of Limitations is one year, and if you wait until just before the last day many attorneys will be reluctant to take the case. For more generally on personal injury cases, check my website at http://jesbeard.com/Index-full.htm#Personal Injury Links
Re: Car Accident/Statute Of Limations for filing suit
As long as your husband was an adult at the time of the accident, there is no legal reason not to pursue recovery. Of course, I understand your husband's reluctance to file suit against his father; however, the statute of limitations will not run until one year from the date of the accident, and it may not be necessary to file any lawsuit at all. There are two likely sources of recovery: (1) your husband's father's auto insurance carrier, and (2) your husband's auto insurance carrier (if he carried underinsured motorist coverage at the time of the accident). If you are able to have a competent attorney assist you and move quickly, before the statute of limitations runs, this may be a case that can be resolved without filing any kind of lawsuit against the father. Additionally, you should immediately consult with an experienced attorney to learn what kind of settlement would be appropriate in your case. Our office is located in Franklin, and we would be glad to consult with you at no cost to you. Just give us a call or an email, and we'll let you know where you stand. Holland McKinnie, [email protected]
Re: Car Accident/Statute Of Limations for filing suit
Your husband needs to act soon. Most likely your husband's potential recovery is going to depend on the insurance coverage in place at the time of the accident. Did your father in law have coverage? Did your husband? Did you? Please have your husband contact an attorney to discuss the filing deadlines.
Best of luck. Marc Reisman 901-527-9600
Re: Car Accident/Statute Of Limations for filing suit
It appears from what you say in your message you still have time to act. Generally speaking the statute of limitations in such a case will be one year from the date of the accident. You should consider making a claim against the driver's insurance as well as your husband's uninsured motorists coverage, if he has it. You should act quickly. If I can be of further assistance to you, please do not hesitate to contact me 800.403.7868 or [email protected].
Re: Car Accident/Statute Of Limations for filing suit
You have one year from the date of the wreck....it is difficult (emotionally) to make a claim against a relative but the claim is really against the relative's insurance company. I would be glad to help you in this. There is a one year limitation period but you need to contact a lawyer now.....Bill Poland