Posted on November 1, 2018.
By David Peel
You have a limited amount of time to file a lawsuit regarding any injury caused by another. If the case does not settle, a suit must be filed on or before the date that the statute of limitations runs.
Statutes of Limitations are an absolute bar to lawsuits. It is important to understand that in an injury matter, if you miss a statute of limitations—it is not that you get less—it is that you get nothing.
That said, Statutes of limitations do not run against Minors or the legally incompetent in the same way. Also, there are sometimes rules regarding when a medical malpractice act is discovered and there are further limitations on the maximum amount of time that can run, along with things like statutes of repose. Therefore, you always want to get competent legal advice early on in your situation.
Only a general outline of these limitations is provided. Notice how much they vary and how Tennessee is so restrictive. This actually leads to unneeded filing of suits that might well have resolved in year two.
Alabama
Bodily Injury 2 years
Med Mal. 2 years
Arkansas
Bodily Injury 3 years
Med Mal. 2 years
Georgia
Bodily Injury 2 years
Med Mal. 2 years from discovery
Mississippi
Bodily Injury 3 years
Med Mal. 2 years from discovery
Tennessee
Bodily Injury 1 year
Med Mal. 1 year from discovery
As always, the smartest move is to talk with an injury lawyer who shares your values and who is experienced in your matter to make sure that you know any risks that you’re taking.
I have seen unscrupulous insurance companies string people out till the statute of limitations has run and then just stop returning their calls. The injured person sometimes assumes that—as long as they’re talking with the insurance company and there’s a claim open—that they’re protected.
They are not.
Peel seeks justice for those injured in tractor trailer and car accidents, medical malpractice, and disability. He often addresses churches, clubs and groups without charge. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.
