How long after a car accident can you claim injury?

In Tennessee, you generally have one year from the date of the accident to file a personal injury lawsuit, but insurance company deadlines can be much shorter, so waiting is rarely a good idea. A Abogado de accidentes automovilísticos en Nashville at Weir & Kestner Injury Lawyers can help you understand where your deadline stands and what steps to take right now.

How much time do you have to file a personal injury claim after a car accident?

Each insurance company will have a different time limit for filing a claim, from as little as 10 days to as long as 1 month. If you miss the deadline, they may use that to deny your injury claim. Because Tennessee is an at-fault state for auto insurance claims, you must file your claim against the at-fault driver’s policy for compensation.

The bigger concern is that the fuera del plazo de prescripción de Tennessee allows only 1 year from the date of the accident for filing a personal injury claim. Those 12 months can go by quickly if you’re trying to negotiate a fair settlement with an insurance company that seems determined to deny your claim. 

Experienced personal injury attorneys know that filing the paperwork for a personal injury lawsuit right away can sometimes prompt the insurance company to offer a higher settlement. It also ensures that you’re ready to go to trial if the insurers won’t meet your damage demands.

Can you still claim injury if symptoms appear days or weeks later?

Yes, you can file your claim if you don’t experience injury symptoms until much later, but there’s a higher chance that the insurance company will deny your request. They may argue that your injuries resulted from something else and not the car accident. 

We advise you to get medical treatment immediately after your accident, whether by asking the first responders to examine you or going to the hospital on your own. With documented medical records connecting those conditions to the crash, you have a greater chance of obtaining maximum compensation for your injuries. 

What factors can affect how long you have to file a claim?

Although most personal injury claims are subject to the 1-year statute of limitations, there are some exceptions that could give you more or less time to file your lawsuit. Here are some factors that could impact your filing deadline:

• Criminal charges: Your deadline extends to 2 years if the person who hurt you is also facing criminal charges in connection with the accident.
• Absence from the State: If the defendant flees Tennessee, the statute of limitations doesn’t start until they return.
• Property damage: You have 3 years to file for property damage only claims.
• Government agencies: If you’re suing a government entity such as the State of Tennessee, you must file a Notice of Claim within 1 year prior to filing a lawsuit. 
• Minor victims: If your child is the victim, the statute of limitations begins when they turn 18. They then have 1 year to file a lawsuit.
• Mental incapacity: If you are declared mentally incompetent as a result of your injuries, the statute pauses until you recover your capacity or the court appoints a legal guardian for your affairs.

Your attorney can help you determine if any of these factors affect your case.

How does waiting to file a claim affect your case?

Waiting too long after a car accident can encourage the insurance company to refuse your claim for lack of evidence. In addition, your lawyer could struggle to build a case for reasons such as:

• Witnesses forgot the details of the accident.
• You don’t have photos or videos showing what happened.
• You don’t have records of medical treatment linking your injuries to the crash.
• There’s not enough time to properly investigate and prepare your case.

Most personal injury lawyers only accept cases they feel confident they can win. If you wait too long to seek compensation, they may refuse to take your case.  

What steps should you take to protect your claim after an accident?

There are a few things you should do after a crash. First, call 911 so police and medical help are on the way. Get medical treatment right away, even if you feel fine — documented care is critical. Photograph the accident scene and your injuries before anything is moved or cleaned up. Exchange contact and insurance details with the other driver and tell the police what happened, but don’t give a recorded statement to any insurance company until you’ve spoken with a lawyer. 

You should also request a copy of the informe policial, then schedule a free case review with a car accident attorney as soon as possible. Share all your evidence and your account of the crash with your lawyer. They can advise you on how to move forward, including guiding you through the insurance claims process so you don’t mistakenly admit fault. 

Talk to a Nashville car accident lawyer about your options and timeline

At Weir & Kestner Injury Lawyers, we help people in Nashville, Murfreesboro, and Smyrna seek full compensation for their medical bills, lost income, property damage, and pain and suffering, including the kind that lingers long after the crash itself.

Don’t miss the deadline for filing a car accident injury lawsuit. When you contact us, you’ll speak directly with an attorney, not a screener. We offer free consultations and can meet you at home or in the hospital if getting to our office isn’t possible. Call (615) 220-4180 o Contacta con nosotros en linea to get started.