Statute of Limitations Personal Injury Cases Tennessee

When you’ve been injured due to someone else’s negligence, understanding the time limits for filing a lawsuit is crucial. In Tennessee, these time limits—known as statutes of limitations—can significantly impact your right to seek compensation. Missing these deadlines could permanently bar you from pursuing your case, regardless of how strong your claim might be.

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What is the Statute of Limitations?

The statute of limitations is essentially a legal deadline that determines how long you have to file a lawsuit after suffering an injury. These time limits exist to ensure that claims are brought while evidence is still fresh and witnesses’ memories are reliable.

Tennessee’s Personal Injury Statute of Limitations

In Tennessee, most personal injury claims fall under Tennessee Code Annotated § 28-3-104, which establishes a one-year statute of limitations for personal injury cases. This means you typically have just one year from the date of your injury to file a lawsuit.

This one-year period applies to most personal injury claims, including:

Car accidents
Slip and fall incidents
Medical malpractice
Nursing home abuse
Product liability injuries
Dog bites
General negligence cases

The one-year statute of limitations in Tennessee is notably shorter than many other states, which often allow two to three years for filing personal injury lawsuits. This makes it especially important to act quickly if you’ve been injured in Tennessee.

Important Exceptions to the One-Year Rule

While the one-year rule applies to most personal injury cases in Tennessee, there are some important exceptions and special circumstances:

Discovery Rule

In some cases, the statute of limitations may not begin until you discover (or reasonably should have discovered) that you were injured. This commonly applies in medical malpractice or toxic exposure cases where injuries might not be immediately apparent.

Minors

If the injured person is under 18 years old, the statute of limitations is typically “tolled” (paused) until they reach the age of majority. Once they turn 18, they generally have one year to file their claim.

Mental Incompetence

If the injured person is mentally incompetent at the time of the injury, the statute of limitations may be tolled until the person regains competency.

Criminal Cases

Tennessee Code Annotated § 28-3-104(a)(2) provides a two-year statute of limitations when the personal injury is connected to criminal charges against the defendant.

Wrongful Death

Wrongful death claims in Tennessee must typically be filed within one year of the death, not the date of the injury that led to death.

Comparative Fault and the Statute of Limitations

Tennessee follows a modified comparative fault system established in McIntyre v. Balentine (833 S.W.2d 52). Under this system, your compensation may be reduced by your percentage of fault, and you’re barred from recovery if you’re 50% or more at fault.

If you’re involved in a case where fault might be distributed among multiple parties, Tennessee Code § 20-1-119 provides a 90-day extension to the statute of limitations to add newly identified potentially liable parties to your lawsuit.

Why the Statute of Limitations Matters for Your Case

Understanding Tennessee’s statute of limitations is critical for several reasons:

Missing the deadline means losing your right to compensation – Once the statute of limitations expires, courts will almost certainly dismiss your case, no matter how severe your injuries or clear the liability.
Evidence preservation – Acting promptly helps preserve crucial evidence that might otherwise be lost or degraded over time.
Witness testimony – Witnesses’ memories fade with time, making their testimony less reliable as years pass.
Negotiating leverage – Having the ability to file a lawsuit gives you leverage in settlement negotiations with insurance companies.

Steps to Take After an Injury in Tennessee

Given Tennessee’s short one-year window for filing personal injury claims, taking immediate action is essential:

Seek medical attention – Your health comes first, and medical records serve as important evidence.
Document everything – Take photos of injuries, accident scenes, and gather contact information from witnesses.
Report the incident – Notify appropriate parties about your injury (e.g., file a police report for car accidents or inform property owners of slip and fall incidents).
Consult with an attorney promptly – With such a short timeframe to file, speaking with an experienced personal injury attorney as soon as possible is crucial.
Be cautious with insurance companies – Avoid giving recorded statements or accepting quick settlement offers without legal counsel.

How a Tennessee Personal Injury Attorney Can Help

Working with an experienced Tennessee personal injury lawyer is particularly important given the state’s short statute of limitations. At The Higgins Firm, our attorneys can:

Evaluate your case and determine exactly which deadlines apply
Handle all required paperwork and court filings
Ensure your claim is filed correctly and on time
Negotiate with insurance companies while protecting your rights
Build a compelling case with proper evidence and expert testimony

Don’t Wait Until It’s Too Late

With Tennessee’s one-year statute of limitations, time is truly of the essence for personal injury claims. If you or a loved one has been injured due to someone else’s negligence, it’s critical to speak with a qualified personal injury attorney as soon as possible.

At The Higgins Firm, our experienced personal injury lawyers understand Tennessee’s complex injury laws and statutes of limitations. We help injured victims throughout Nashville, Chattanooga, Knoxville, Memphis, and surrounding areas protect their rights and pursue the compensation they deserve.