In any civil case, including lawsuits arising out of car accidents, procedural errors can be costly. While most people are aware that a lawsuit may be dismissed if it is not commenced within the statute of limitations, many people do not understand the nuances of what this truly means. This was highlighted in a recent Tennessee car accident case in which the Plaintiff’s lawsuit was dismissed as untimely, due to the fact that it was filed but not issued within the statute of limitations. If you were involved in a car accident in Tennessee and you wish to pursue damages from the responsible party, it is integral to your case to retain an attorney with ample experience litigating car accident cases.
Reportedly, in the subject case, the plaintiff sustained injuries in a car accident on January 25, 2013. The plaintiff filed a civil warrant on January 24, 2014, against the defendants, the other driver involved in the accident and his employer, in which the plaintiff alleged the defendants were negligent and therefore liable for his injuries. The warrant was filed after normal business hours. Five days later, the plaintiff was informed he owed a filing fee, which he paid. He filed an amended warrant in May 2014.
It is alleged that the case was removed to a circuit court, where the plaintiff filed a complaint in May 2017. Subsequently, the defendants filed an answer and affirmative defenses in response to the plaintiff’s complaint. One of the defenses set forth by the defendants was that the plaintiff’s claim was barred by the applicable statute of limitations. The defendants then filed a motion for judgment on the pleadings, which the court granted. The plaintiff appealed and on appeal, the appellate court affirmed the trial court decision.