In Tennessee, you have one year from the date of the car accident to file a lawsuit. If you do not file a lawsuit by this time, you lose your claim and are barred from filing a lawsuit as a result of the car accident. The one year deadline to file a lawsuit is called the statute of limitations.
File Your Claim, Even If You Are Still Receiving Medical Treatment
Oftentimes, people have not completely healed within one year. Your medical status does not change the statute of limitations. For example, if you are still in physical therapy or need surgery, you need to file your case within one year. Even if you are still treating, if you do not file your case, the case is forever barred. Once the lawsuit is commenced, you can still treat with your doctors and get the treatment you need. Many often ask if once the case is filed, does the medical treatment have to end. It does not. Any treatment medically related to the accident can still continue even if it is after a lawsuit is filed.
Don't Trust What The Insurance Company Tells You
Also, please note the insurance company cannot agree to extend the deadline to file a lawsuit. Again, do not trust the insurance company telling you not to worry about the filing deadline. In addition, sometimes as the deadline approaches, the insurance company becomes more and more difficult to reach on the phone. The statute of limitations again will not change because the insurance company stops calling you back.
To ensure there is never a doubt about the date, we also recommend everyone obtain a copy of the accident report which will inclue the date of the accident and precisely where the accident occurred. It can happen that as time passes the exact date can get lost or confused. It is not an excuse that you forgot the accident was on the 15th and not the 16th of the month. So getting a copy of the report can help avoid this type of issue. So please keep this date in mind, it is of paramount importance.