You should consult with a personal injury attorney in Tennessee immediately. Most initial consultations are free. If you can prove the burn was caused by the cream/lotion and that you could not have done anything (like leave it on too long) that would have caused the burn, and you have not missed the statute of limitations in Tennessee, you may have an action for disfigurement/emotional distress against the manufacturer.
Merry Fountain is licensed to practice law in Indiana. She can be contacted at 1-888-242-HURT. This is not legal advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.
In Tennessee, medical malpractice claims must generally be filed within one year. There are some exceptions to this rule.
Attorney Lewis represents clients nationally and is licensed in Florida, Illinois, Kentucky, Ohio, Pennsylvania and Tennessee. THIS ANSWER IS PROVIDED AS A PUBLIC SERVICE FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE. PROVIDING THIS INFORMATION DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP NOR IS ANY INFORMATION SHARED CONSIDERED PRIVILEGED OR CONFIDENTIAL. AS WITH ALL LEGAL MATTERS, YOU SHOULD CONTACT AN EXPERIENCED ATTORNEY WHO IS LICENSED IN THE APPROPRIATE JURISDICTION AND BE AWARE THAT THERE ARE TIME LIMITS AND PROCEDURAL REQUIREMENTS FOR ASSERTING POTENTIAL CLAIMS.
I have filed several cases in Shelby County, and I believe it is a 1 year statute. You may want to speak to someone local to see what exceptions may apply. More than likely, you are too late.
No, you have missed the one year statute of limitations.
Of course, there are exceptions but generally it seems as though you would not fit into an exception. Consult a lawyer.
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