Statute of Limitations
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Statute of Limitations
I was hit by a driver from Chicago in TN June 28, 2018 almost 1 year ago
and have been working towards resolving my own settlement for personal
injury/expenses stemming from the wreck. I sent a demand letter and they
have proposed a lower offer. I feel we are close to a number, but I am
concerned they may start dragging their feet.
Questions Once the 1 year passes, and if we do not finalize a settlement,
am I out of luck for filing a lawsuit? What other remedies do I have? Thanks.
Asked on June 11, 2019 under Accident Law, Tennessee
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You are the plaintiff. The party you are suing is the defendant.
A lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the incident giving rise to the lawsuit occurred.
TN has a one year statute of limitations for filing a lawsuit in an auto accident personal injury case.
IL has a two year statute of limitations for filing a lawsuit in an auto accident personal injury case.
Although the case may be approaching settlement, file your lawsuit for negligence against the at-fault party in TN if the one year statute of limitations is approaching because you can't risk missing the statute of limitations. If the statute of limitations expires, you will have lost your rights forever in the matter. The lawsuit must be filed prior to the one year anniversary of the date of the accident.
If you miss the TN statute of limitations, you could file your lawsuit in IL where the defendant resides and where the statute of limitations is two years. The lawsuit must be filed prior to the second anniversary of the date of the accident.
If you file in TN because the one year statute of limitations is approaching, and the case subsequently settles, the lawsuit can be dismissed after you receive the settlement check.
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