top of page
  • Writer's pictureRobert Schuerger II

What Is the Construction Accident Statute of Limitations in TN? Everything to Know

Construction sites are notoriously dangerous. Whether the victim was passing by or working in the area, they may have suffered injuries and should be allowed to recover damages after someone else's negligence. Taking legal action under Tennessee law can be confusing, and it's important to understand the statute of limitations for personal injury cases.

Hiring a personal injury lawyer is often the best solution. Schuerger Shunnarah Trial Attorneys is here to help. They can also assist with the motorcycle accident statute of limitations in TN. This blog will explain the time period allowed for filing lawsuits.

Tennessee Personal Injury Statute of Limitations Deadline for Construction Accident Claims

A personal injury lawsuit involving a construction accident should be filed before the one-year statute of limitations clock runs out. They have more insight on the mesothelioma statute of limitations in TN as well.

The Tennessee statute of limitations is quite short, especially when trying to build a strong case against the at-fault party. An attorney needs time to perform a thorough investigation, find evidence to support the claim, and review how the victim's life was affected by the injuries. Usually, they also deal with insurance company negotiations.

Missing the Statute of Limitations Deadline - Options Available

Missing the Statute of Limitations Deadline - Options Available

If the injured person missed the one-year deadline after an underlying accident, the defendant will likely file a motion to dismiss. Still, there are a few exceptions to the statute of limitations timeline for personal injury claims:

  • When the underlying accident happened, the injured person was under 18 years old. They receive another full year from the incident date. This is usually on their 19th birthday.

  • When criminal charges are filed against the at-fault party, the filing deadline could be extended by two years. This often happens when the negligent person has criminal charges for working while intoxicated or endangering the life of another.

  • When the defendant moves outside the state after the underlying accident and before the lawsuit is filed, that absence period is usually not counted as part of the deadline.

Construction Accident Types Often Resulting in a Personal Injury Lawsuit

There are many ways a person can be hurt on a construction site, and it's imperative to take legal action. It's possible to file a personal injury claim for these accidents:

  • Crushing injuries

  • Ground collapses

  • Trench or building explosions

  • Demolition accidents leading to real property damage and injuries sustained

  • Worker inexperience accidents

  • Hoist accidents

  • Gas leaks

  • Defective machinery

  • Fires

  • Electrocutions

  • Getting hit by falling objects

  • Many others

Listing all the potential construction accident types is almost impossible. However, victims should understand that the statute of limitations deadline applies to all of them.

Other Personal Injury Case Types

People often wonder what types of personal injury cases they could file. Here are a few of them:

  • Medical malpractice cases (involving a medical professional's negligence)

  • Car accident cases

  • Wrongful death cases

  • Work injuries

  • Premises liability

  • Defective products

In most situations, they must all be filed within the one-year time frame.

Ways to Recover Compensation in Personal Injury Claims

Accident victims have many ways to recover compensation for their pain and suffering. Usually, the attorney will review the extent of the injuries and determine who was responsible. They may file a personal injury lawsuit with the at-fault party's insurer, which is the most common method.

Insurance settlements could be limiting and may not fully compensate for the victim's needs. If the negotiations don't provide a fair amount (or the defendant has no coverage), the attorney will go to civil court to file a claim. Trials are good because they help make the injured person whole again monetarily.

Though the construction accident statute of limitations in TN is often seen as impeding the ability to receive compensation, it's there to protect both parties. Victims deserve to be repaid for their losses, and defendants have the right to be held liable only for a specific period of time. For more information, a Nashville construction injury law firm may be able to help.

Elements of Negligence for Personal Injury Claims Relating to Construction Accidents

Establishing liability is crucial for personal injury claims in TN. A lawyer will often use the discovery rule when filing later because the victim didn't know the injury occurred. This typically happens for whiplash and similar damages.

Likewise, the lawyer must prove that the elements of negligence were met in the accident. These include:

  • The defendant owed the victim a duty of care, such as through protecting the public or their job responsibilities.

  • The defendant did something to breach that duty of care, such as not making a decision.

  • The breach of duty of care caused the injuries.

  • The injured person endured emotional or psychological trauma, financial loss, and debilitating physical wounds, leading to the claim.

Possible Liable Parties in Construction Accidents

The attorney will generally investigate the cause of the accident to reveal liability. Many times, there are multiple parties, and they can all be sued before the statute of limitations deadline expires. These include:

  • Construction equipment manufacturers

  • Construction site owners

  • Government officials

  • Government agencies

  • Safety inspectors

  • Supervisors

  • Construction workers

  • Subcontractors and contractors

Potential Damages in a Personal Injury Lawsuit Involving Construction Accidents

Compensatory damages focus on the various ways the victim's life was affected by their injuries and their right to recover them. Typically, they are separated into economic and non-economic damages, and one can file a claim if the statute of limitations deadline has not passed.

Economic Damages

Economic damages are the easiest to quantify and are valued similarly for construction and car accident cases. These include the ways the victim was affected financially because of their immediately apparent injuries, such as:

  • Lost wages and income

  • Lower earning capacity

  • Real property damages (repairs or replacement)

  • Loss of household services

  • Future and existing medical expenses

  • Replacement of personal construction equipment/tools

Non-economic Damages

Alternatively, non-economic damages have no exact dollar amounts attached. However, they could be more impactful than any monetary loss. Examples include:

  • Damage to the victim's professional or personal reputation

  • Diminished quality of life

  • Severe disfigurement from burn injuries

  • Emotional trauma

  • Pain and suffering

Hire a Lawyer to Handle the Personal Injury Case

Hire a Lawyer to Handle the Personal Injury Case

The statute of limitations is similar for medical malpractice cases, car accidents, and construction incidents. Victims have a right to recover compensation in a timely manner, which is one year from the injury date.

It's crucial to work with a lawyer to achieve the best results possible. Schuerger Shunnarah Trial Attorneys can help those in Nashville, TN. Complete the online contact form or call to request a free consultation today.


bottom of page