Attorney at Work

MAY 31, 2022

A Tennessee lawyer was suspended and put on probation after failing to file a personal injury case. The statute of limitations ran out due to his forgetting the deadline. The Tennessee lawyer failed to add a calendar reminder to track the statute of limitations deadline.

Calendaring 316

Calendaring Court Lawyers Lawyer 316

Day on Torts

MAY 23, 2023

Ordinarily and subject to several important exceptions, the statute of limitations in Tennessee personal injury cases is one year. One exception to that rule is Tenn. Personal injury suits are subject to a one-year statute of limitations under Tenn. Code Ann. § Code Ann. § 28-3-104(a)(2).

Personal Injury 52

Personal Injury Statute Cause of Action Court 52

Day on Torts

FEBRUARY 8, 2021

Where plaintiff’s personal injury claim was based on a Tennessee car accident for which defendant was given a traffic citation for failure to exercise due care under Tenn. 55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Code Ann. §

Statute 59

Statute Personal Injury Cause of Action Misdemeanor 59

Day on Torts

APRIL 16, 2021

Where a car accident plaintiff filed suit against the other driver’s insurance company within the statute of limitations, but failed to add the other driver as a party until two days after the statute of limitations had run, dismissal was affirmed. In Haywood v. Trexis Insurance Corp., W2020-00418-COA-R3-CV (Tenn. citing Tenn.

Statute 59

Statute Personal Injury Court Laws 59

Day on Torts

FEBRUARY 24, 2022

The only issue in this personal injury case was damages. Plaintiff and his experts also testified that plaintiff suffered a traumatic brain injury in the accident. Note: Chapter 25, Section 10 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Tort Personal Injury Court Rules Court 59

Day on Torts

JANUARY 26, 2021

Where a plaintiff originally named the wrong defendant in a car accident case and did not file an amended complaint naming the correct defendant until after the one-year statute of limitations had run, dismissal was affirmed. The purpose of Tennessee Rule of Civil Procedure 15.03 In Black v. W2020-00228-COA-R3-CV (Tenn.

Personal Injury 59

Personal Injury Statute Court Legal 59

Day on Torts

JUNE 14, 2021

The only issue here was how Tennessee’s cap on noneconomic damages should be applied when the injured plaintiff is seeking noneconomic damages and his or her spouse is also pursuing a loss of consortium claim (but not a claim for personal injuries). Each has two broken legs and thus each has a personal injury claim.

Personal Injury 45

Personal Injury Statute Court 45