Visitor Question

Is there an extension if you don’t know the injury is permanent until 23 months later?

Submitted By: Anonymous (Ogden, Pennsylvania)

On October 19, 2014 I was playing golf. I was in the golf cart looking for my ball. While doing so I ran over a few taller sprigs of grass, when suddenly my golf cart stopped and began to tilt. I slid over on the seat to stop the cart from turning over. As I did, my knees smashed into the drink cup holders and my face went through the windshield. My back slammed against the back of the seat as I fell out of the cart, landing on my right arm and shoulder while striking the ground with my head.

In 2016 I began to have slurred speech and memory loss. I was diagnosed as having sustained brain damage. The doctors say the damage was latent and unable to be diagnosed until recently when I began having symptoms of slurred speech and memory loss.

I don’t have health insurance and the medical bills are piling up. I want to know if the statute of limitations can be extended because I just recently learned about the brain damage? What can be done about this? Thank you.

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 Anonymous,

The statute of limitations in the State of Tennessee for personal injury claims is one (1) year. However, when it can be shown with a degree of medical certainty your symptoms were unable to be diagnosed within the statute of limitations period, the statute may be “tolled.” This means the statute of limitations doesn’t begin until the injury could be reasonably diagnosed.

To be able to toll the statute of limitations will require you to convince the court your brain injuries were , with a degree of medical certainty, unable to be diagnosed until recently. If the court is convinced, then statute of limitations would begin at the time of your recent diagnosis.

You should contact a personal injury attorney in your area immediately. A brain injury is very serious, especially if the symptoms you described are permanent. There’s way to much too lose for you to attempt to handle a case like this yourself. An attorney is much more likely to get you a fair settlement than if you handled the case yourself, and can file a lawsuit in higher court if necessary.

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: October 19, 2017

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