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