Filing Your TBI Lawsuit on Time

Brain Injury Lawyer

After receiving injuries in an accident, you’re going to have medical expenses. While insurance could pay for some of the medical bills, you need to consider lost wages, loss of earning capacity, pain and suffering, mental anguish, and several other damages. Filing a lawsuit against the responsible party is one way to gain the compensation you deserve, but there is a time limit you need to keep in mind.

If you or your loved one has suffered a traumatic brain injury, it is important to consult with an experienced lawyer quickly. This will allow the lawyer to file your lawsuit on time and make sure that you are compensated for all of the damages incurred as a result of the accident. Brain injuries can be severe and life-changing, which is why it’s imperative that you talk with a brain injury lawyer about how best to proceed with your case – do not wait until things get worse! 

The Statute of Limitations

Every state allows a certain amount of time for individuals to file a lawsuit in a civil case. This time limit is called the statute of limitations. The day you are injured is the day the clock starts ticking on the statute, and it runs for a certain period of time. You would then have until the clock ran out to get our lawsuit filed with the court. Remember that it’s going to take some time, so you need to get on it as soon as possible. 

Your state government controls the length of time in the statute of limitations, and it does have a wide range between some states. For example, in Missouri, the statute of limitations is five years for personal injury. In Tennessee, it’s only one year, so you wouldn’t want to confuse the two. If you lived in Tennessee and thought you had the same statute as your neighbors in Missouri, you could end up forfeiting the chance to obtain compensation.

A brain injury lawyer will be able to explain how the statute of limitations works with regards to personal injuries in each state and ensure that you file your suit on time.

Suspending the Statute of Limitations

For certain situations, the statute of limitations can be suspended. This is rare and would have to be decided by the court. Some situations that could result in the statute of limitations being suspended include:

  • If you were a minor at the time of your injury. In that case, the “clock” would start ticking again when you turned 18.
  • If you were mentally incapacitated after your accident. In that case, a doctor would need to prove you were competent again before the statute of limitations began to run again. 
  • If you didn’t know you were injured until a later date. In that case, the statute of limitations would begin on the day of discovery.

Contact Your Lawyer Today

When you’re injured in an accident, there is a time limit called the statute of limitations that limits the amount of time you have to file a lawsuit against the responsible party. A brain injury lawyer can discuss your case and provide you with the answers you are searching for.

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