One of the most important considerations in a Tennessee personal injury lawsuit is, “When does the statute of limitations run?” While it is sometimes easy to determine this very important date, the issue can be very complicated in some cases.
If the plaintiff’s suit is found to be filed after the expiration of the applicable statute of limitations has expired, his or her claim will be dismissed by the court – even if he or she would have otherwise had a very strong case of liability against the defendant(s). Thus, it is extremely important that anyone has been hurt by the negligence, recklessness, or other wrongful conduct of others consult an experienced personal injury attorney as soon as possible so that the necessary paperwork can be filed in a timely fashion.
Facts of the Case
In a recent federal case, the plaintiff was a woman who alleged that she had suffered numerous personal injuries and complications following a mesh hernia repair surgery that took place in June 2008. In May 2018, She brought a product liability lawsuit against the defendants (the manufacturer of the mesh and the manufacturer’s subsidiary), asserting claims for negligence, strict product liability, negligent infliction of emotional distress, intentional infliction of emotional distress, breach of implied warranty, failure to warn, and fraud. The defendants filed a motion to dismiss the plaintiff’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) on grounds that the plaintiff’s claims were time-barred by the applicable statutes of limitation.