Defective Product Injury - How long do I have to file a lawsuit?

If a defective product has caused an injury, there is a time limit on how long you have to file a lawsuit. This amount of time is called a "statute of limitations" and varies from state to state. Determining when the 'clock begins to tick' can also vary in different states, and can be a difficult question to answer.

In Tennessee, the statute of limitations for personal injuries is one year. But how are you to know when that period of time begins? Consider the following three general rules:

1. The date you were injured by a defective product would begin the time limit. This is fairly straightforward, and many injuries would fall into this situation. However, what if you did not know about the injury immediately?

2. The date the injury was discovered or should have been discovered can start the statute of limitations. An example of this situation might be purchasing a heater, using it for several years, and the company recalls your model because of toxic fumes. If your related injury was caused by this defective product, the time limit for a lawsuit may begin with the recall date or your illness date.

3. Finally, a notification from the defective product's manufacturer may start the clock in some instances. This can have dire consequences if the time is passing and consumers are unaware of this fact.

Therefore, you should contact our office immediately if you have suffered a personal injury from a defective product. Regardless of how strong your case may be, it is likely to be thrown out by the court if the 'bell has tolled' on the statute of limitations.

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