Which state’s personal injury statue of limitations applies – where you were injured. where you live, or where the insurer is located?

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Which state’s personal injury statue of limitations applies – where you were injured. where you live, or where the insurer is located?

A year ago today I fell on my back at a restaurant in FL but I live in TN and I am dealing with an insurer in GA. What state’s personal injury statue of limitations applies? Florida where I fell? Tennessee where I live? Or Georgia where the inurance is? If it is TN, would I have to file for an extension since TN’s personal injury claim statue is only a year? FL’s statue is four years.

Asked on July 21, 2011 Tennessee

Answers:

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

Answered 10 years ago | Contributor

A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  Your lawsuit could have been filed in either FL or TN; however, since the TN statute of limitations has expired, you can't file  there and will need to file your lawsuit in FL.  It is NOT possible to get an extension of the statute of limitations.

When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of any wage loss.  Your personal injury claim with the restaurant's insurance company will consist of these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the insurance company, reject those offers and file your lawsuit for negligence against the restaurant.  You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.  If your case is settled. no lawsuit is filed, but if it is not settled and the statute of limitations is approaching, file the lawsuit so that you don't miss the statute and lose your rights forever in the matter.


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