Legal Question in Personal Injury in Tennessee

I have filed a claim for an accident that occured on 9/18/08 with the insurance company. My mother was knocked down on the sidewalk when a lady drove er up some staris and almost hit my mother. The insurance agent says that this must be settled by 9/18/09. Is this correct?


Asked on 9/16/09, 11:54 am

2 Answers from Attorneys

Michael McNulty McNulty & Associates

It actually needs to be settled or you have to have a lawsuit filed by 9/17/09. Since you only have a day and a half to do this, you need some help. If you would like to discuss your options, you can contact my office.

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Answered on 9/16/09, 11:57 am
Amber St. John Law Office of Amber St. John

Assuming your mother was injured in Tennessee, you technically could file suit on 9/18 to preserve the statute of limitations, but I cannot stress too much that you need to take action immediately and not wait for the last day. For example: I had a runner get rear-ended by a semi on the way to file a lawsuit on the last day once. If you are going to settle, you need to get everything in writing, signed by a person with authority, and have clarity with regard to whether the outstanding bills are to be paid, whether health insurance is to be paid back for what they paid (legally your mom is usually responsible for that; it's called subrogation), and whether what you think is 'in her pocket' money will actually be 'in her pocket' money after bills and subrogation interests are paid.

My general office policy is not to take cases that are running this close to the statute of limitations. In the event you encounter this policy elsewhere, that is another reason to start immediately taking action.

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Answered on 9/16/09, 12:27 pm


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