Tennessee, like most states throughout the country, imposes limitations on how long plaintiffs have to bring their legal claims, including claims for personal injury. These limitations ensure that claims must be brought within a reasonable amount of time and that plaintiffs cannot simply sit on claims for years before deciding to bring them.
Statutes of limitations are one of the most common ways that plaintiffs accidentally lose their opportunity to bring a lawsuit. Unless very special circumstances exist, after a statute of limitations has passed, a plaintiff is out of luck. For this reason, both plaintiffs and their attorneys must pay close attention to statute of limitations deadlines in order to avoid accidentally losing their opportunity for justice and compensation.
In a recent Tennessee car accident lawsuit, the Tennessee Court of Appeals addressed precisely this type of circumstance. In this case, J.P. was injured after she was involved in an accident caused by B.L. on February 2, 2015. The statute of limitations for personal injury cases in Tennessee is one year, so J.P. brought a lawsuit against B.L. on February 2, 2016. Unbeknownst to her at the time, B.L. had died on January 4, 2016. Several months after filing her complaint, J.P. learned of B.L.’s death and sought to bring her claim against B.L.’s estate instead. At the time, B.L.’s estate did not have an administrator, so J.P. petitioned for an administrator and in October 2016, moved to amend her complaint to name the administrator as the defendant.