Can I bring a brain injury claim after the statute has expired? | Bart Durham Injury Law

Can I bring a brain injury claim after the statute has expired?

Statutes of limitations are very important legal concepts that could completely prevent a person with a very strong claim from recovering the compensation that he or she rightly deserves. For most cases, once a statute of limitations has expired, it is impossible to bring a claim, which is why it is important to consider legal action quickly if you have been involved in a car accident. However, this is not necessarily true for all injuries, especially brain injuries.

There are many types of injuries that a person could suffer in a car accident that the victim is not aware of until well after the accident has occurred. This is fairly common for brain injuries, which may not manifest for years after an incident. You could walk away from an accident seemingly fine, and suddenly have a stroke or other serious health issue years later brought on by brain damage that you were not even aware you suffered.

In these instances, it may be helpful to look at what is known as the discovery rule, which establishes that a statute of limitations for a personal injury does not begin to count down until the injury is discovered. As long as you can demonstrate that you did not know about the brain injury and had no reason to suspect the brain injury until it actually affected you, there is a chance that you could still take legal action.

If you have been involved in a car accident in Tennessee, and you have suffered a brain injury, or if you suffered a brain injury in a past accident, consider meeting with an attorney who can help you understand your legal options. Depending on the circumstances, you could be entitled to compensation for your injuries.

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