Personal Injury Statute of Limitations in Tennessee
Last verified 2026-07 · Source: Tenn. Code Ann. § 28-3-104(a)(1) ✓ verified · 3 sources
The deadline
1 year
from Date of injury or date plaintiff knew or should have known of injury and the defendant's identity, under Tenn. Code Ann. § 28-3-104(a)(1).
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The deadline to file a personal injury lawsuit in Tennessee is 1 year, set by Tenn. Code Ann. § 28-3-104(a)(1). It starts running on Date of injury or date plaintiff knew or should have known of injury and the defendant's identity. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Tennessee Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 1 year | Tenn. Code Ann. § 28-3-104(a)(1) |
| Car Accident | 1 yr | Tenn. Code Ann. § 28-3-104 |
| Credit Card Debt | 6 yrs | Tenn. Code Ann. § 28-3-109(a)(3) |
| Medical Malpractice | 1 yr | Tenn. Code Ann. § 29-26-116 |
| Wrongful Death | 1 yr | Tenn. Code Ann. § 28-3-104 |
| Dog Bite | 1 yr | Tenn. Code Ann. § 44-8-413; SOL: § 28-3-104 |
| Slip and Fall | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1) |
| Defamation | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1)(A) |
| Breach of Contract | 6 yrs | Tenn. Code Ann. § 28-3-109 |
| Medical Debt | 6 yrs | Tenn. Code Ann. § 28-3-109 |
When the Clock Starts
In Tennessee, the limitations period for personal injury lawsuits generally begins on Date of injury or date plaintiff knew or should have known of injury and the defendant's identity. Tennessee recognizes a discovery rule for this claim type: Discovery rule applies when the nature of the injury was inherently undiscoverable; clock begins when plaintiff discovers or reasonably should discover the injury and the identity of the responsible party
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Tennessee Governmental Tort Liability Act (TGTLA, § 29-20-305) requires written notice of claim to governmental entity; generally one year to give notice; failure to provide timely notice bars the claim
- Damage caps: Noneconomic damages capped at $750,000 per plaintiff; $1,000,000 for catastrophic injuries (spinal cord, amputation, severe burns) under Tenn. Code Ann. § 29-39-102; cap does not apply when defendant acted with specific intent to injure
Modified comparative fault (50% bar) — plaintiff cannot recover if 50% or more at fault. Tennessee has one of the shortest general PI deadlines in the nation. The noneconomic cap under § 29-39-102 applies to all civil damage awards, not only medical malpractice. Tolling for minors until age 18; tolling when defendant faces criminal charges for same conduct extends deadline to two years.
Source: Tenn. Code Ann. § 28-3-104(a)(1), official Tennessee statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Tennessee government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Tennessee Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Tennessee | 1 year | Tenn. Code Ann. § 28-3-104(a)(1) |
| Kentucky | 1 yr | Ky. Rev. Stat. § 413.140(1)(a) |
| Virginia | 2 yrs | Va. Code Ann. § 8.01-243(A) |
| North Carolina | 3 yrs | N.C. Gen. Stat. § 1-52(16) |
| Georgia | 2 yrs | O.C.G.A. § 9-3-33 |
| Alabama | 2 yrs | Ala. Code § 6-2-38(l) |
| Mississippi | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Arkansas | 3 yrs | Ark. Code Ann. § 16-56-105(3) |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Tennessee?
You have 1 year from Date of injury or date plaintiff knew or should have known of injury and the defendant's identity, under Tenn. Code Ann. § 28-3-104(a)(1).
Can I still sue after 1 years in Tennessee?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Tennessee?
Yes. Discovery rule applies when the nature of the injury was inherently undiscoverable; clock begins when plaintiff discovers or reasonably should discover the injury and the identity of the responsible party
What if the victim was a minor?
Tennessee generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Tennessee Governmental Tort Liability Act (TGTLA, § 29-20-305) requires written notice of claim to governmental entity; generally one year to give notice; failure to provide timely notice bars the claim
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Sources
- Official Tenn. Code Ann. § 28-3-104 — Limitation on personal injury actions (Justia, accepted per no-free-official rule)
- Corroborating Tennessee Civil Statute of Limitations Laws — FindLaw
- Corroborating Tennessee Personal Injury Laws and Statutes of Limitations — Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Tennessee attorney.