A statute of limitations is essentially a legal deadline. It sets the maximum time period during which you can file a lawsuit after an injury occurs. In Tennessee, you generally have one year from the date of your injury to file a claim. Once a full year has passed, you generally lose your right to pursue compensation through the court system, regardless of how strong your case might be.
At Hotz & Associates, P.C., our Knoxville personal injury lawyers believe that knowledge empowers our clients to make informed decisions about their legal rights. This guide breaks down Tennessee’s statute of limitations for personal injury cases in clear, straightforward terms.
Tennessee’s personal injury statute of limitations
In Tennessee, the general statute of limitations for personal injury claims is one year from the date of the injury.
This one-year deadline applies to most personal injury cases, including:
- Car accidents
- Slip and fall incidents
- Medical malpractice
- Product liability
- Assault and battery
- Dog bites
This timeframe is significantly shorter than many other states, which often allow two to three years or more for filing personal injury lawsuits.
Important exceptions and special circumstances
While the one-year rule is the standard, several exceptions exist that might extend or modify this deadline.
Discovery rule
In some cases, the statute of limitations may not begin until the injury is discovered or reasonably should have been discovered. This is particularly relevant in medical malpractice cases or situations involving latent injuries that aren’t immediately apparent.
For example, if a surgeon left a medical instrument inside your body during surgery, but you didn’t experience symptoms until 18 months later, the one-year clock might start when you discovered the issue rather than on the surgery date.
Minors
For children injured before they turn 18, the statute of limitations typically doesn’t begin until their 18th birthday. This means they generally have until their 19th birthday to file a personal injury lawsuit.
However, in medical malpractice cases involving minors, special rules apply under Tennessee Code § 29-26-116. For children under six when injured, the suit must be filed before they turn eight. For older children, the standard one-year limitation applies.
Mental incompetence
If an injury victim is mentally incompetent at the time of injury, the statute of limitations may be “tolled” (paused) until competency is restored.
Government entities
Claims against government entities in Tennessee have special rules and typically shorter notice requirements. For example, claims against the state must be filed with the Tennessee Claims Commission within one year, but additional notice requirements may apply even earlier.
Nuances in wrongful death cases
Tennessee’s wrongful death statute of limitations runs one year from the date of injury that caused death, not from the date of death. This critical distinction means:
- For deaths occurring the same day as injury, the deadline is one year from that date
- Even when death occurs days or months after injury, the one-year countdown begins on the injury date
- This timing applies even when minors are involved (either as deceased or beneficiaries)
Practical examples
- If your loved one is injured and dies on the same day (September 1, 2024), the filing deadline is September 1, 2025.
- If your loved one is injured on September 1, 2024, but dies the following day, the deadline remains September 1, 2025 (based on injury date).
- If your loved one is injured on September 1, 2024, but survives for several months before passing away, the statute of limitations still expires on September 1, 2025.
Exceptions in wrongful death cases
- Criminal conduct cases – If the death resulted from conduct that led to certain criminal charges, the filing period may be extended.
- Sexual assault-related deaths – Deaths arising from sexual assault fall under the extended limitations period provided by Tenn. Code Ann. § 28-3-116.
- Situations where injuries/causes weren’t reasonably discoverable – Courts will examine both the deceased’s knowledge before death and the wrongful death plaintiff’s knowledge to determine when the duty to investigate was triggered.
Missing these deadlines permanently eliminates the right to pursue compensation. Hotz & Associates recommends prompt consultation after fatal injuries to protect legal rights.
What happens if you miss the deadline?
If you attempt to file a personal injury lawsuit after the statute of limitations has expired, the defendant will likely file a motion to dismiss based on the statute of limitations. Unless a rare exception applies, the court will almost certainly grant this motion, permanently ending your right to compensation through the court system.
How Hotz & Associates, P.C. can help
Our experienced personal injury attorneys understand the critical nature of Tennessee’s statute of limitations. When you work with us, we ensure that:
- All deadlines are carefully tracked and met
- Your case receives the prompt attention it deserves
- All potential exceptions or extensions are explored
- Your rights are protected throughout the legal process
We offer free initial consultations to discuss your case and determine the applicable deadlines. Our team will explain all time limitations relevant to your specific situation in clear, understandable terms.