Statute of Limitations

Get Legal Help Today

 Secured with SHA-256 Encryption

Statute of Limitations

Hello,

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

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption