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I was in a wreck in 2011 and now am blind in my right eye.

Knoxville, TN |

It was early one morning and foggy and a car turned in front of us as soon as we got right up to it and caused us to wreck . But now the guy that hit me and my boyfriend is trying to say my boyfriend was driving to fast and we were din 39 in a 45 . So do you think its the guys fault or do you think my boyfriend is goon to get in trouble even thought the guy has already paid for my boyfriends car and lingeries ? but now the guy is trying to make my boyfriend and him pay for my lingeries and everything

Attorney Answers 10

Posted

In most states you are past the time-frame of which a case can be filed, typically it is 1 year in these circumstances although a local attorney in TN can answer this based on that specific state.

If you are past the time, you can not sue him, he can not sue you.

Best of luck.

View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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Posted

You were a passenger and were seriously injured. If you want to be compensated you need to get to a personal injury lawyer immediately. Don't worry about your boyfriend getting in trouble. This is a civil matter and insurance will pay the bill.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

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13 lawyers agree

Posted

You have a claim against the other driver, your boyfriend, or both, depending on how fault is allocated. You should see a lawyer if you're permanently blind in one eye.

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Posted

The statute of limitations for personal injury in TN is 1 year. You should consult with a personal injury lawyer in your area at once to determine if you still have a case. I hope you already have a case pending. If so discuss this with your attorney.

This answer does not constitute legal advice nor form an attorney client relationship. I am not your lawyer. If you have a legal issue in Tennessee you may contact me for a free consult.

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11 lawyers agree

Posted

I hope your lawyer filed this within the statutory period.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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12 lawyers agree

Posted

If you have an attorney, sit down with the attorney and review these issues.

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Posted

I am sorry to learn of your injuries. Why are you attempting to second-guess all of this on your own?

You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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7 lawyers agree

Posted

All these other lawyers are right: you need to speak with an attorney familiar with the Tennessee law and how the one-year time period is figured. Maybe the time for you to get compensation is past and you are out of luck; maybe you can still be compensated. I could probably tell you within 20 minutes on phone call. Call me and let me hear your story and I'll tell you whether I think you can still sue or not. Jere Ownby 633-6633

If you want to discuss this further with me, send me a note. Attorney Jere Franklin Ownby JOwnby@OwnbyLawFirm.com

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7 lawyers agree

Posted

Do what your doctor says and see a lawyer. See links.

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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5 lawyers agree

Posted

It's difficult to tell exactly how to answer your question because there are several things that are unclear. First, do you have an attorney? Second, if you have an attorney, has your attorney filed a lawsuit? The reason? In Tennessee, you have only one year from the date of the wreck to file a lawsuit. Assuming you have filed a lawsuit and any claim you may have is not lost, the question of who is at fault is a question for the jury. It sounds like a lawsuit may have been filed against the other driver and the other driver answered the lawsuit saying your boyfriend is at fault. If that's the case, that's good for you. Why? If both the other driver and your boyfriend have liability insurance and the other driver says your boyfriend is at fault, the jury could decide one of four ways ... (1) the other driver is 100% at fault, (2) your boyfriend is 100% at fault, (3) the other driver and your boyfriend are both at fault, with the jury dividing the % of negligence between the other driver and your boyfriend, or (4) find neither the other driver or your boyfriend at fault becuase of the foggy conditions. If you have an attorney, a lawsuit has been filed and your boyfriend has been named as a defendant by your attorney, I would not be concerend about the other driver saying your boyfriend is at fault. Why? You have two defendants blaming each other and two sources of recovery for the damage you have been caused ... the other driver's insurance and your boyfriend's insurance (assuming they both have insurance). Again, assuming a lawsuit has been filed and your boyfriend is a defendant, I like your chances if your case goes to trial. If you have an attorney, ask your attorney what sources of recovery you have for your injuries. If you don't have an attorney, immediately contact a local injury attorney to discuss all the facts. I'm sorry you've been hurt because you've obviously been seriously injured. Good luck!

This response is given solely as a general response to the question and does not create an attorney / client relationship between the questioner and responder.

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