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Statute of Limitations

Hourglass

A law establishing the time limit within which a lawsuit must be brought is called a statute of limitation. Different types of cases have different statutes of limitation. Knowing which statute of limitation applies is critical, since if a lawsuit is not brought within the time limit that applies to the case, the right to sue and recover damages is forever lost. The statute of limitations for a personal injury lawsuit is usually relatively short, ranging from as brief as 120 days to up to one year in most cases, subject to a number of factors. It is critical that you contact an attorney immediately after suffering any injury so that the appropriate statute of limitations can be determined. You may have less than 120 days to file a Notice Of Claim from the date of the incident which led to your injuries. At The Law Office of Eric Beasley, we make sure to explore all aspects of your case as soon as possible to ensure that no claims are lost as a result of untimely action.

The Discovery Rule

Measuring the statute of limitations for a particular situation can be a complex issue. The time usually begins "to run" at the time the injury occurs, however, if a person suffers a hidden injury, the discovery rule may apply. Under the discovery rule, the time begins to run from when the person who is injured knew, or by the exercise of reasonable diligence should have known, that he or she was injured. The discovery rule is commonly applied in cases involving exposure to toxic substances such as asbestos. In such cases, an injured victim normally does not manifest symptoms of injury until well after damaging exposure occurred. Obviously, such is not normally the case in situations involving motor vehicle collisions and other accidents, where injuries are generally immediately apparent.

Exceptions

Special rules apply in measuring the statute of limitations when a child is injured, in which case the time does not begin to run for an injury until the child reaches 18 years of age. These special rules may also apply to people who are mentally impaired or who leave the state for particular kinds of reasons such as for military service. Tenn. Code Ann. § 28-1-106. Of course, regardless of the possible availability of an exception, it is always beneficial to bring a lawsuit as soon as it is practical to do so. since the availability (and memory) of witnesses to an accident and related physical evidence is much greater shortly after an accident than after years have passed.

Client Reviews
★★★★★
I have worked with Mr. Beasley numerous times over the years and I have never been disappointed. His knowledge, professionalism, dedication, and ability to explain the ins and outs of the law is truly phenomenal. The care and concern that he has shown throughout each situation sets him apart from others! Teresa N.
★★★★★
I have used Eric a couple of times for my own injury cases. He is an excellent lawyer. He explains your case in plain English, and he is very helpful. He did such a great job for me that even my children have hired him when they needed a lawyer to help them, as well. He was willing to step in and do his thing. We love him and would recommend him highly!!! He works really hard for his clients! Yvette B.
★★★★★
I called Eric and he jumped in immediately. He got my hospital bills paid, and he got me compensation for my injuries. Did I get rich? No. I got what was fair and right, and I have Eric to thank for it. Since then I have referred Eric to friends in similar situations and he has always been able to help them through the legal process. He is top shelf in my opinion. John J.