Tennessee Code 28-3-104 (a)(1) starts like this – “Except as provided in subdivision (a)(2), the following actions shall be commenced within one (1) year after the cause of action accrued”.
Within 28-3-104 (a)(1), there are (A), (B), and (C). (A) Actions for libel, injuries to the person, false imprisonment, malicious prosecution, or breach of marriage promise; (B) Civil actions for compensatory or punitive damages, or both, brought under the federal civil rights statutes; and (C) Actions for statutory penalties.
This editorial argues that “within one (1) year after…” should be at least “within three (3) year after…”.
For example, if you end up being injured seriously by a car wreck, you can understand that 1 year is not that long enough to file a civil complaint. It can take several months or more than six months to recover physicall and emotionally from the injuries, and it can take several months to find and consult a right attorney.
That’s not the end of the story. Legal malpractice is not that rare around Memphis in Tennessee. Actually it is allegedley pretty common. So, if your attorney is a legal professional who deceive you, make hidden deals with potential defendants, or make “mistakes” intentionally(they are intentional, so they are not mistakes. So they are intentions.), then you can notice or realize that you don’t have enough time to file a lawsuit.
Who can benefit from such short ‘limitation of actions’? Usually corporations, professionals, and arguably white-collar criminals can benefit from that. Who can lose heavily from the current Tennessee Code 28-3-104 (a)(1)? They can be innocent indivisuals who are injured and who deserve fair compensation.
Tennessee Code 28-3-104 (a)(1) is a big problem in the State of Tennessee. It has to be fixed.
The Editorial of the Tennessee Times
Published: August 14, 2022