Statute of Limitations – Drop Dead Deadline

Anyone who has ever worked for me or around me has heard this: “I can fix just about anything, but I can’t fix the statute of limitations.”

I’ve represented well over 1,000 different families and individuals over the last decade. Fighting for each person as if they’re members of my family.

Car wrecks, truck wrecks, motorcycle wrecks, slip and falls, medical malpractice. Kingsport, Johnson City, Elizabethton, Rogersville, Sevierville, Mountain City.

You name it, I’ve been there and fought for each one.

I’ve held the hand of a mother who is being blamed for the loss of her child. I’ve had hugged the neck of a grown man who lost his wife. Sat in the living room of a family who knows their loved one will soon go on to meet the Lord.

I take Matthew 5:9 as a personal challenge and I strive to exceed expectations every day.

But, the one thing I can’t fix is the statute of limitations.

Let me focus on the statute of limitations on car wrecks and slip and falls. With limited exceptions, if you’ve been injured because of someone else’s actions in a car wreck or slip and fall, you get 1 year from the date of your injury to either file a lawsuit or settle your case. Of course, like anything else, there are a couple of very limited exceptions for car wrecks and slip and falls. Namely, if you’re a minor or if you’re considered “incompetent” under the law, etc.. But, for the vast majority of folks, if you’re an adult, you get 1 year from the date of injury. Period. End of Story.

Here’s the law: Tenn. Code Ann. § 28-3-104(a)(1)

So, let’s go through some scenarios and see exactly what this means:

Say you were with me at Funfest last year to watch NEEDTOBREATHE and one of my favorite songs. The concert was on July 20, 2019. While you were turning left at the light, someone runs a red light and crashes into your vehicle. You decided not to hire a lawyer because you weren’t hurt and the insurance company promised they’d take care of everything. A few months went by after your car accident and the other driver’s insurance pays to have your car fixed. You’ve read my website and you know that you’re not going to sign anything or give a recorded statement. A few months go by and your shoulder really starts giving you trouble. You miss time from work. You’re having a hard time sleeping. You finally get into the doctor and he finds a torn ligament that needs surgery.

• Question: Does the fact that you didn’t find out about your torn shoulder affect your statute of limitations?
• Answer: No
• Question: Does the fact that the insurance company paid for your property damage (i.e. your car) affect your statute of limitations?
• Answer: No.
• Question: Does the fact that you had an awesome time at the concert and you’re overall a great person affect your statute of limitations?
• Answer: No.

If the wreck happened on July 20, 2019, your statute of limitations is July 20, 2020. You must either file a lawsuit or settle your case before July 20, 2020.

• Question: If I file a lawsuit within my statute of limitations, do I have to settle my case before July 20, 2020?
• Answer: No. If you filed your case within the statute of limitations, then your time deadline is good to go. Very few cases are filed and resolved within one year.
• Question: If I’m one of those tight rope walker people and to risk my statute of limitations and I decide to file my case on July 21, 2020 what will happen?
• Answer: Your case will be dismissed in Nascar Fast and you’ll end up with nothing.

Bottom Line Major Takeaway:

If you’ve been involved in a car wreck, truck wreck, motorcycle wreck or slip and fall and you’ve been injured, call me and I’ll help you I’ll fight for you.

Even if you don’t, then please know that your drop-dead deadline is 1 year from the date of your injury.

Don’t play fast and loose with that deadline and don’t even get close to it.

Don’t trust that the insurance company will take care of everything.

If you’re within 90 days of your statute of limitations, it’s time to really start considering either poop or get off the pot.

You either need to hire someone to help you, settle your case or understand that you’re getting dangerously close to walking away with nothing for your injuries.

Robert Bates is a local trial lawyer with proven results. Located near Meadowview in Kingsport, he fights for folks who have been injured due to slip and fall accidents, medical malpractice, car accidents, truck accidents, and motorcycle accidents. Focusing 100% of his practice on personal injury, Robert has won cases throughout East Tennessee including Kingsport, Johnson City, Bristol, Erwin, Elizabethton, Unicoi, Mountain City, Rogersville, Blountville, Morristown, Washburn, Pigeon Forge, Knoxville and everywhere in between.

Robert BatesRobert is a Kingsport trial lawyer who handles car, truck and motorcycle wreck cases across the Tri-Cities. Every client gets his cell number.