Visitor Question

Paralyzed in a Drunk Driver Car Accident…

Submitted By: Tameka (Chattanooga,TN)

On May 13, 2007, I was in a car accident.

My

driver was drunk without my knowledge. I was sitting in the back seat of her car. Before the accident happened we went to get something to eat about 5 miles from my home. After getting the food the driver decided to speed through a tunnel on our way home and lost control of the car.

The car hit a divider that split the road, which made the car flip over 5 times and land in a ditch. I flew from the back seat to the front passenger seat which paralyzed me from the neck down.

As of today I am a c-5 quadriplegic. I am paralyzed for life. Also, the driver had no car insurance and I did not have on my seat belt.

Is it too late to try a lawsuit?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Tameka,

Regrettably it is too late to file a lawsuit. In the State of Tennessee, as in most other states, there is a 2 year Statute of Limitations, or “time period” in which an injured party must either settle a personal injury case or file a lawsuit. If a lawsuit is filed within that 2 year period the Statute “tolls”. That means whether the case takes 10 months or 10 years to try, an injured party’s legal rights will be protected.

Go back to the date of the collision. See if you or someone else on your behalf possibly filed a lawsuit. Maybe it was filed and forgotten about. As long as the court hasn’t dismissed the case your rights are still protected and you can pick up where the suit left off.

Although the odds against a lawsuit still being open are tremendous, you should at least explore the possibility. Other than that, we aren’t aware of any other legal options you may have.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 17, 2011

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