Statute of Limitations: How the Discovery Rule Affects My Car Accident Case

If you were in a car accident because of another party’s negligence, you may sue them for damages. Car accident lawsuits are civil procedures subject to statutes of limitations and discovery rules. A car accident attorney at Reasonover Law understands how to navigate the legal system to get you your owed compensation.

The Statute of Limitations in Tennessee

Tennessee Code Section 28-3-104 explains the statute of limitations for personal tort actions, that is, a civil lawsuit. The code outlines the timeframe in which a person may take action against another party for personal damages or compensatory damages accrued during a car accident. Personal damages include economic and non-economic damages. Economic damages compensate for monetary losses such as medical bills, lost income, and property damage. Non-economic damages compensate for non-monetary losses like pain and suffering, emotional distress, and loss of consortium.

In the case of a car accident, the victim has one year to file a lawsuit to pursue compensatory damages. If the at-fault party is also charged criminally in relation to the incident (a car accident is a civil case), then the statute of limitations is two years. According to the Tennessee Code Section 28-3-105, a victim has three years to file a lawsuit if personal or real property is damaged. Real property is your land or home, and personal property is your vehicle.

The Discovery Rules

Discovery takes place before a trial but after the lawyer files the lawsuit. The goal of discovery is for each party to gather information from the opposing side. They may also find and speak to witnesses. Methods of discovery include interrogatories, depositions, and requests for physical inspections of property. Each party has the right to request information from the other party during the discovery phase. Information gathered during discovery includes documents, books, tangible objects, and electronically stored information. Discovery is also when you collect information from experts like medical or law professionals, as long as the individual can verify their expert status.

In the case of a car accident, your attorney may focus on requests for physical evidence. They may request to have a mechanic inspect the involved vehicles. The mechanic would look for issues with the vehicle that could cause an accident, such as brake failure or manufacturer issues. A car accident attorney also gathers information from witnesses. A deposition is when your lawyer speaks to a witness, and the witness has to swear to tell the truth under oath. The lawyer will also do an interrogatory when they provide written questions, and the witness must write their responses. The information gathered during depositions and interrogatories can be used in court later to challenge the other party’s story.

Statutes of Limitations and Discovery

Discovery does not start until after a lawsuit is filed. This means that once the statute of limitations expires, the time for discovery is also expired. It also means that if the statute of limitations has an exception, the discovery phase is also subject to that exception and starts once the suit is filed.

Some factors may adjust the statute of limitations, including the involvement of a minor (under 18 years of age) or the death of a victim. If a minor is involved in a car accident, according to Tennessee Code Section 28-1-106, they can file a lawsuit once they turn 18. This extends the statute of limitations and the start of discovery until the victim can legally file a lawsuit. The minor has one year to file a lawsuit once they turn 18. If the victim dies, according to Tennessee Code Section 20-5-106, a family member can file a lawsuit up to one year after the victim’s death. This is true even if the victim’s death occurred more than one year after the accident. 

Car Accident Lawyers, Statute of Limitations, and Discovery

If you are involved in a car accident, attorneys recommend filing for compensation as soon as possible. Once the suit is filed, you don’t have to worry about the statute of limitations expiring as you focus on recovery and gathering evidence. The process of discovery can also be easier if you have the assistance of a lawyer.

At Reasonover Law, we have worked with many car accident victims to gather evidence and prove negligence. We understand the process of discovery and what evidence will be most helpful to gather. We know how to file motions if the opposing party does not want to share information during the discovery phase. Our team can also explain the statute of limitations and any exceptions that may affect your case. 

Hire a Car Accident Attorney

If you have been in a car accident, you must call the police to get an accident report. You also need to receive immediate medical care. Then, you can reach out to our team at Reasonover Law so we can file your lawsuit before the statute of limitations expires. Our team will handle evidence gathering before and during the discovery phase. Schedule a consultation with us today to discuss your case.