What is the Personal Injury Statute of Limitations in Tennessee?

If you've been involved in a slip-and-fall, a car accident, or any other incident where someone else's conduct caused you harm, you may be thinking about filing a personal injury lawsuit. If you plan on pursuing a lawsuit in Tennessee's civil courts, it's crucial to understand how the state's statutes of limitations apply to you. Statutes of limitations are laws that set deadlines for filing a lawsuit. These deadlines can be extended in exceptional situations. But Tennessee plaintiffs who file their case too late will almost certainly lose their legal right to pursue compensation.

Tennessee Has a One-Year Deadline for Most Personal Injury Lawsuits

Tennessee law sets a one-year deadline for lawsuits seeking a legal remedy for "injuries to the person." This deadline applies to most cases based a theory of negligence--that is, the argument that the plaintiff was harmed by the defendant's careless behavior. This includes most personal injury cases arising from car crashes, slip-and-fall incidents, and similar accidents. The deadline also applies to so-called "intentional torts" like assault, where the plaintiff argues that they were hurt by the defendant's intentional acts.

(Tenn. Code § 28-3-104 (2024).)

The Discovery Rule: How the Statute of Limitations Deadline is Set

If you've been injured in an accident, it's generally safe to assume that your time to file a lawsuit is measured from the date of the incident. In some cases, though, it's not as easy for a person to know when or how they were hurt. For example, in a medical malpractice case the plaintiff might not begin to suffer the consequences of incompetent care until months or even years later. In situations like this, Tennessee uses something called the "discovery rule."

Most states have a version of the discovery rule, which makes a distinction between when a person was harmed, and when they learned about the harm. Tennessee's discovery rule says that the statute of limitations deadline is measured from the date a person knows (or should have known):

• how they've been hurt
• the identify of the person (or people) who caused the harm.

(Wyatt v. A-Best, Co., 910 S.W.2d 851, 855 (Tenn. 1995).)

Different Deadlines Sometimes Apply to Personal Injury Cases

Keep in mind that this general one-year deadline does not apply to every type of case where the plaintiff is arguing that they were harmed by the defendant. For example, a slander case--where where the plaintiff argues that their reputation was harmed harmed by the defendant's false statements--must be filed within six months of the statements being made. And Tennessee has special rules for lawsuits involving child sexual abuse, which give plaintiffs additional time to bring their cases to court.

If you're not sure of the deadline that applies to your situation, or have other questions about a potential lawsuit, you should consider speaking with a Tennessee attorney who can help you understand your options.

(Tenn. Code § 28-3-103 (2024); Tenn. Code § 28-3-116 (2024).)

How to Meet the Statute of Limitations Deadline

A lawsuit begins when the plaintiff files a complaint and serves the defendant with a summons and a copy of the complaint. So you'll have to do this before the statute of limitations deadline passes. If you live in Tennessee you'll likely file your case either in one of the state's Circuit Courts, or in General Sessions Court (which handle small claims cases). The location where you file your case is determined by venue rules, but it's likely your case will be heard in the judicial district where the accident happened, or where the defendant lives or works.

Choosing where to file a lawsuit, and making sure all of the paperwork is filed correctly, can be complicated. If you're comfortable handling your own case, and the personal and financial stakes aren't too high, it may make sense to represent yourself in small claims court (which has more straightforward procedures designed for non-lawyers). Otherwise, you'll almost certainly benefit from working with an attorney who has experience with filing legal paperwork and appearing in court.

The Consequences of Missing Tennessee's Personal Injury Filing Deadline

If you miss the deadline that applies to your case, you'll almost certainly lose your legal right to pursue a lawsuit in civil court. (We'll talk below about the rare exceptions to this rule.) This means you won't be able to receive compensation (damages, in legal terms) for your injuries or financial losses. Courts apply filing deadlines without looking at how badly the plaintiff was injured, how much money they've lost, or how good a case they have against the defendant. So you can't get more time by pointing out that the defendant is clearly liable, or that you have a greater need for compensation than the average plaintiff.

Tennessee's personal injury statute of limitations is obviously pivotal if you want to file a lawsuit. But the filing deadline is also crucial to your position in personal injury settlement negotiations. Insurance companies generally try to avoid lawsuits--they are time-consuming, costly, and create uncertainty about how much money the plaintiff might eventually receive. So if you have the option of going to court you're more likely to get a settlement offer you think is fair. If you wait until the filing deadline is approaching--or, worse, until after it has already passed--your leverage will go down accordingly.

Exceptions to the Tennessee Personal Injury Statute of Limitations

Tennessee recognizes that it's not always fair to hold potential plaintiffs to the standard deadlines for filing lawsuits. Therefore, there are certain situations where plaintiffs may be entitled to additional time. For example:

• Minors and "incompetent" people. Tennessee has special rules for people who are under 18 and for people who have been ruled "incompetent" (meaning that they are mentally or physically unable to care for themselves). If a minor or an incompetent person is harmed, the statute of limitations deadline may be measured from the date they turn 18, or are once again ruled competent. But this extension isn't automatic. For example, a court might decide that the person's parent or caretaker should have filed a lawsuit on their behalf within the standard timeframe.
• Defendants who aren't in Tennessee. If the person who harmed you did so while they were out of state, or if the person leaves the state before you can file your lawsuit, you may be granted more time to start your case. Courts will generally subtract the time a defendant is absent from Tennessee when calculating the statute of limitations deadline.
• Defendants who are facing criminal charges. If someone has been charged with a crime for the same conduct that caused your injuries, the deadline for filing a lawsuit may be extended from one year to two years. This exception could apply, for example, to a lawsuit over an assault or a drunk driving accident.

It's important to know if an exception like this might apply to you. But keep in mind that nearly all cases are subject to the standard statute of limitations deadline. It's much better to file your lawsuit within the standard time limit, rather than having to win a legal fight over whether you should be allowed to pursue your case at all.

(Tenn. Code § 28-1-106 (2024); Tenn. Code § 28-1-111 (2024); Tenn. Code § 28-3-104 (2024).)

Learn More About Tennessee's Statutes of Limitations

Preparing and filing a lawsuit can be complicated. This is especially true if you think there might be questions about whether you've met the applicable statute of limitations deadline. If you have questions about Tennessee's statutes of limitations, or want other advice about how to pursue your legal rights, consider consulting with a personal injury attorney. A Tennessee attorney with experience handling cases like yours should be able to offer you advice on the best way to proceed.