Wrongful Death Statute of Limitations in Tennessee
Last verified 2026-07 · Source: Tenn. Code Ann. § 28-3-104 ✓ verified · 3 sources
The deadline
1 year
from Date of death, under Tenn. Code Ann. § 28-3-104.
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If you're researching wrongful death claims in Tennessee, the single most important number is 1 year. That's how long Tenn. Code Ann. § 28-3-104 gives you to file a wrongful death lawsuit, counted from Date of death. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Tennessee Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 1 year | Tenn. Code Ann. § 28-3-104 |
| 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 |
| Personal Injury | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1) |
| 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 wrongful death claims generally begins on Date of death. Tennessee does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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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: Claims against governmental entities governed by Tennessee Governmental Tort Liability Act (Tenn. Code Ann. § 29-20-305); 1-year limitation applies
- Damage caps: Non-economic damages capped at $750,000 general; $1,000,000 for catastrophic injury under Tenn. Code Ann. § 29-39-102; economic damages uncapped
Surviving spouse has first priority to file; absent spouse, children or next of kin may file; parents may file in specified circumstances; personal representative may file on behalf of beneficiaries (§ 20-5-107). Recoverable damages include deceased's pain and suffering, survivors' mental anguish, lost financial support, medical bills, and funeral costs (§ 20-5-113). Medical malpractice wrongful death subject to separate pre-suit notice requirements under § 29-26-121. Perpetrator of the death is prohibited from bringing a wrongful death action.
Source: Tenn. Code Ann. § 28-3-104, 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 |
| Kentucky | 1 yr | KRS § 411.130; KRS § 413.180 |
| Virginia | 2 yrs | Va. Code § 8.01-244 |
| North Carolina | 2 yrs | N.C. Gen. Stat. § 28A-18-2; N.C. Gen. Stat. § 1-53(4) |
| Georgia | 2 yrs | O.C.G.A. § 51-4-1 et seq.; O.C.G.A. § 9-3-33 |
| Alabama | 2 yrs | Ala. Code § 6-5-410 |
| Mississippi | 3 yrs | Miss. Code Ann. § 11-7-13; § 11-1-60 |
| Arkansas | 3 yrs | Ark. Code Ann. § 16-62-102 |
| Missouri | 3 yrs | Mo. Rev. Stat. § 537.080; § 537.090; § 537.100 |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Tennessee?
You have 1 year from Date of death, under Tenn. Code Ann. § 28-3-104.
Can I still sue after 1 years in Tennessee?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
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?
Claims against governmental entities governed by Tennessee Governmental Tort Liability Act (Tenn. Code Ann. § 29-20-305); 1-year limitation applies
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Sources
- Official Tenn. Code Ann. § 28-3-104 (2024) – Personal Tort Actions; Limitation of Actions – Justia
- Corroborating Tennessee Wrongful Death Laws – FindLaw
- Corroborating Tennessee Wrongful Death Law – 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.