Every state creates a deadline, called a "statute of limitations," on the length of time a person has to pursue a lawsuit after an injury. If you try to file your lawsuit after the time limit has passed, the court may refuse to hear your case, and you will not collect any damages for your injuries.
The Many Statutes of Limitations on Tennessee Motorcycle Crash Cases
It's important to understand that the statute of limitations only applies to filing a lawsuit, not to the filing of a car insurance claim. Whether you intend to file a claim with your own insurance company or the at-fault driver's, you have a responsibility to notify the insurer of the accident as soon as possible.
Once the insurer is notified, the company will begin its own investigation to defend its interests—and at the same time, evidence that can be used in your claim begins to disappear. As you're waiting for the insurance company to resolve your claim, the "clock" on the statute of limitations is already ticking.
If several months have passed and the insurer still isn't dealing fairly, an experienced motorcycle crash attorney can help get you compensation for your:
- Injuries. In most road accident cases, drivers, passengers, motorcyclists, bicyclists, pedestrians, or anyone else hurt in the collision must file a lawsuit against the negligent party within one year of the date of the accident.
- Wrongful death. If a traffic accident resulted in a family member's death, their surviving family members have one year from the date of death to bring a wrongful death claim. This is an important difference since it recognizes that an accident can have fatal consequences weeks or months after the date of injury.
- Property damage. There is more time to collect payment for damages to your bike than damages to your person. If your motorcycle, sidecar, helmet, riding gear, or other property was damaged in a crash, you must file a property damage lawsuit within three years of the date of the accident.
No matter which deadline applies in your case, it is always better to file sooner rather than later. The legal team at GriffithLaw can investigate the circumstances of your injury and take over the fight on your behalf—and we don't charge any fees until your case is won. Contact us today using our online form or give us a call at (615) 807-7900 to learn more.