The Statute Of Limitations in Memphis For Filing A Car Accident Claim
One of the most common causes of bodily harm is car accidents. The majority are minor collisions, but a frightening percentage result in serious damage, permanent disability, or even death. Pain and suffering, emotional distress, lost pay, medical bills, and property damage are all common side effects of these tragedies, and all of these things may be covered by financial compensation.
Unfortunately, many vehicle accident victims never collect the full amount of damages they are entitled to as a result of their accidents. Because they don't know the true value of their claims, auto accident victims accept the initial offers made by insurance companies - and it's no secret that insurance companies strive to get away with as little as possible. If you want to be appropriately paid, you should seek the advice of an experienced personal injury lawyer.
What Is A Statute Of Limitations?
The statute of limitations refers to the time period when a person must file a lawsuit against another. It is, in essence, a statute that specifies the maximum amount of time a person can wait before launching a lawsuit against another. The time period generally begins on the day of the injury or claim, or when the individual should have known about the damage or claim that led to the litigation. So, if a person who has a legal claim against another waits too long to file a lawsuit against them, the statute of limitations gives the other party a defense, namely, that the lawsuit is time-barred because it was filed after the statute of limitations period, and thus the claim or lawsuit should be dismissed.
Why Is There A Need For A Statute Of Limitations?
The basic goal of a statute of limitations is to guarantee that litigation is handled as soon as possible. In other words, if a person wants to bring a lawsuit against another for an injury or claim, they should do it with reasonable diligence, which means filing the complaint as quickly as possible.
The second major benefit of forcing litigation to be filed sooner (rather than later) after an accident or claim occurs is that it prevents the facts surrounding the lawsuit from becoming stale, ambiguous, or difficult to discern. Consider this: most of us can recall what we had for breakfast this morning (or even yesterday morning), but can you recall what you had for breakfast six months ago on the first Monday of the month? Most likely not. This is especially true when evidence is reliant on a single person's memories; memories age, become erroneous, or a person holding that information becomes incompetent or dies over time. As a result, requiring that lawsuits be pursued with reasonable diligence ensures that the facts and evidence needed to prove or disprove the claim are current and easily discovered.
Finally, the requirement that litigation is pursued with reasonable diligence deters people from initiating long-running lawsuits on stale claims for the sole purpose of harassment.
What Is The Statute Of Limitations In Memphis For Filing A Car Accident Claim?
The statute of limitations in Memphis for filing a car accident claim is 1 year. This means that you have 1 year from the date of the accident to file a claim with the insurance company. If you don't file a claim within this time frame, you may lose your right to file a claim at all. So if you've been in a car accident, be sure to contact an attorney and start the process as soon as possible.
When Does The Statute Of Limitations Take Effect In Memphis?
In Memphis, the statute of limitations varies depending upon the injury or claim. So, it is important to have an attorney assess the statute of limitations period of each of your claims within your lawsuit. Here are some of the more common civil cases and their Statute of Limitations in Tennessee :
- Personal Injury — 1 year from the date of injury
- Product Liability — 1 year from the date of injury
- Wrongful death — 1 year from the date of death
- Negligence — 1 year from the date of discovery
- Medical Malpractice — 1 year from the date of injury, or 1 year from the date a foreign object was discovered
- Injury to personal property — 3 years
- Oral agreement/breach of contract — 6 years
Laws regarding Statute of Limitations are frequently subject to change, so even individual state laws may vary from year to year.
What Should I Do If I've Been In A Car Accident?
If you've been in a car accident, the first thing you should do is seek medical attention. Even if you don't think you're injured, it's important to get checked out by a doctor. Once you've seen a doctor, you should then contact an attorney. A legal firm of personal injury attorneys in my area can help file a car accident claim and will represent you in court if necessary. He or she will also be able to advise you on your legal rights and options. So if you've been in a car accident, don't hesitate to contact an attorney today. With the right legal advice and representation, you can get the compensation that you deserve for your car accident.
Can I File A Car Accident Claim If I Wasn't Injured?
Yes, you can still file a car accident claim even if you weren't injured. You may be able to recover damages for property damage, lost wages, and other expenses. An attorney can help you determine what damages you may be entitled to.
How Can An Attorney Help You File A Car Accident Claim?
The most crucial thing to remember when filing a claim is that time is of the essence. Although you have a year or more to file your complaint under the Statute of Limitations, attorneys spend much of that time gathering evidence to win your case. If you believe you have a case, contact an attorney who specializes in your type of claim right away. The sooner you retain legal counsel, the higher your chances of receiving comprehensive and successful representation.
If you've been in a car accident, it's important to contact an attorney as soon as possible. Alexander Shunnarah Trial Attorneys, a firm of experienced personal injury attorneys in my area can help file a car accident claim with the insurance company and can represent you in court if necessary. They will also be able to advise you on your legal rights and options. So if you've been in a car accident, don't hesitate to contact them today.