A car accident case in Tennessee was dismissed on the basis of the expiration of the statue of limitations. Tennessee has a one year statue of limitations in personal injury lawsuits. In Jones v. Johnson, the Tennessee Court of Appeals upheld a trial court’s prior order of dismissal of the case. In the Jones case , a lawsuit was filed within the one year , but the defendant was never served with service of process within the year. The defendant moved out of state and they were not served or placed on notice until the service of process expired . The plaintiffs failed to renew service of process until after one year has passed. Two issues with this case . First , the statute of limitations in Tennesse needs to be increased to two years. Secondly , there is a provision under the insurance law that requires the insurance company to reveal the location and whereabouts of the defendant. The attorney for the defendant did not use this powerful statute . Service of process is the first step in the litigation process. If it is not done properly, your case can be over before it starts.
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