Can You Get an Extension to File a Claim Due to Illness in TN?

Question from Dee, Can You Get an Extension to File a Claim Due to Illness in TN?

Answer from AI:

In Tennessee, if you were unable to meet your filing deadlines due to illness or mental health issues, you might be eligible for an extension. This is often referred to as “tolling” the statute of limitations. Here’s a general overview of how this works and what steps you might need to take.

Understanding Statute of Limitations

The statute of limitations is the time period within which you must file a claim. In Tennessee, these time limits vary depending on the type of claim:

• Personal Injury: 1 year from the date of injury.
• Property Damage: 3 years from the date of damage.
• Contract Disputes: 6 years for written contracts, 3 years for oral contracts.

Tolling the Statute of Limitations

“Tolling” means pausing or extending the statute of limitations. Tennessee law allows for tolling in certain circumstances, including:

• Minority: If the claimant is a minor, the statute of limitations may be tolled until they reach the age of majority.
• Incapacity: If the claimant is mentally incapacitated, the statute of limitations may be tolled until they regain capacity.

Illness or Mental Health Issues

If you were unable to file your claim due to illness or mental health problems, you might qualify for tolling under the incapacity provision. However, proving incapacity can be complex and typically requires:

1. Medical documentation of your condition.
2. Evidence that your condition directly prevented you from filing the claim.

Steps to Take

If you believe you qualify for an extension due to illness or mental health issues, consider the following steps:

1. Consult a Legal Professional: Given the complexity of tolling statutes, it’s crucial to consult with an attorney who can provide personalized advice.
2. Gather Documentation: Collect medical records and any other evidence that supports your claim of incapacity.
3. File a Motion: Your attorney may need to file a motion in court to request the tolling of the statute of limitations.

Resources and Further Reading

For more detailed information, you can refer to the following resources:

• Tennessee Rules of Civil Procedure
• Tennessee State Courts

When to Seek Legal Advice

Given the nuances and potential complications involved in tolling the statute of limitations, it is highly recommended to seek legal advice. An attorney can help you navigate the legal system, ensure that you meet all necessary requirements, and improve your chances of successfully obtaining an extension.

Remember, this information is intended to provide a general understanding and should not be considered legal advice. For personalized guidance, always consult with a qualified legal professional.