What is the Statute of Limitations in Truck Accident Cases?
A truck accident will leave you with devastating injuries such as broken bones, traumatic head injuries, and more. If another person’s negligence caused the crash, you can file a claim against them for financial compensation. However, you only have a limited amount of time to file your claim before you are barred from receiving any compensation at all. Below, our Knoxville truck accident attorney explains the statute of limitations, and the exceptions to it.
You Have One Year to File a Claim
The time limit on your truck accident claim is known as the statute of limitations. In Tennessee, the statute of limitations is just one year from the date of your crash. For those who have not been in a crash before, it is easy to assume that one year is a long time. It is not, particularly in truck accident cases. Truck accident cases require extensive investigations to determine who is liable and collect the necessary evidence.
In the days or even hours following a truck accident, it is critical to speak to a truck accident attorney. They will get started on your claim right away and make sure it is filed on time. If your claim is not filed before the statute of limitations expires, you will likely lose any right to obtain the damages you need.
Exceptions to the Statute of Limitations
The law on the statute of limitations in Knoxville and throughout Tennessee is quite strict. Still, as with most laws, there are exceptions to the rule.
The first exception is when the accident victim is a minor. Minors are not considered to have the mental capacity to file a lawsuit on their own behalf. As such, minors have one year from their 18th birthday to file a claim for damages due to a truck accident. Minors do not have to wait until their 19th birthday to file a claim, if the parents choose to take action on the child’s behalf. Parents can also claim any time lost from work while their child was recovering.
Tragically, many truck accident cases involve a wrongful death. This occurs when an innocent accident victim does not survive the crash. In these cases, the statute of limitations begins on the day of the death, and not the day of the accident.
Lastly, the statute of limitations can be delayed if the liable party is also facing criminal charges related to the crash. For example, if a truck driver is accused of being impaired at the time of the crash, they may have a criminal case pending against them. This may extend the statute of limitations in the civil case for a year or even two.
Our Truck Accident Attorney in Knoxville Can File Your Claim On Time
If you have been hurt in a crash, do not hesitate to call our Knoxville truck accident attorney at Atkins Brezina, PLLC. Our seasoned attorney will start an investigation right away to determine who was liable, and make sure your claim is filed properly and on time. Call us now at 865-500-3121 or contact us online to request a free consultation and to get the legal help you need.
Source:
law.justia.com/codes/tennessee/2021/title-4/chapter-18/section-4-18-106/
