Personal Injury Statute of Limitations in Tennessee (2026)

What Is a Statute of Limitations

A statute of limitations is a state-imposed deadline for filing a lawsuit. While every state sets its own personal injury statute of limitations, these limits also vary depending on the specific type of case you are filing. The purpose behind these deadlines is straightforward: they encourage people to pursue claims while evidence remains fresh and witnesses can still recall events accurately.

Once the deadline passes, courts generally refuse to hear the case, no matter how severe the injury. Tennessee enforces these deadlines strictly, which makes understanding them essential for anyone considering legal action after an accident or injury.

Tennessee Personal Injury Filing Deadlines by Case Type

Tennessee's personal injury statute of limitations is among the shortest in the country. Under Tenn. Code § 28-3-104, most personal injury claims must be filed within one year from the date the injury occurred.

Here is a breakdown of key deadlines by case type:

• General personal injury (car accidents, slip and fall, assault): 1 year
• Libel and false imprisonment: 1 year
• Medical malpractice (health care liability): 1 year from injury or discovery, with a 3-year outer limit
• Products liability: 1 year from the date of personal injury, but no more than 10 years (Tenn. Code §29-28-103) from the date the product was first purchased
• Attorney or accountant malpractice: 1 year from the date the malpractice occurs, with a 5-year outer limit
• Wrongful death: 1 year from the date of the fatal injury (not the date of death) to file a wrongful death lawsuit

Exceptions That Can Extend or Pause the Deadline

Tennessee law recognizes several situations where the filing deadline may be paused, or "tolled." These exceptions can provide critical extra time.

Minors and individuals lacking capacity. Under Tenn. Code § 28-1-106, if the injured person is under 18 or declared legally incompetent at the time the injury occurs, the deadline is tolled. They may file within the normal limitation period after their legal rights are restored – but no more than three years after restoration.

Criminal prosecution exception. If criminal charges arise from the same conduct that caused the injury, the filing deadline extends to two years from when the injury occurred. The criminal prosecution must have been commenced within one year by a law enforcement officer, district attorney general, or grand jury.

Discovery rule in medical malpractice. In medical malpractice cases, Tennessee's health care liability statute, Tenn. Code § 29-26-116, allows one year from the date an injury is discovered if the injury was not apparent within the standard one-year window. However, this extension has a hard cap of three years from the negligent act – unless the provider fraudulently concealed the error or a foreign object was left in a patient's body.

Comparative fault extension. Under Tenn. Code § 20-1-119, if a defendant formally identifies another at-fault party in an answer or amended answer after the statute of limitations has expired, the plaintiff has 90 days from the filing of that answer to add the nonparty as a defendant.

What Happens if You Miss the Filing Deadline

The consequences are severe and typically irreversible. If you file after the deadline, the defendant will almost certainly move to dismiss the case – and the court will grant it. Tennessee courts enforce these time limits regardless of how serious your injuries are.

Beyond losing your day in court, a missed deadline also eliminates your leverage in insurance settlement negotiations. Insurance companies know that once the statute expires, they owe you nothing. This is why acting quickly matters so much.

Tennessee's wrongful death statute, Tenn. Code § 20-5-113, allows recovery for mental and physical suffering, lost time, and expenses – but only if the suit is filed on time.

How ConsumerShield Connects You With a Local Attorney

With Tennessee's one-year deadline, time is not on your side. ConsumerShield matches you directly with an experienced Tennessee personal injury lawyer who specializes in cases like yours. Rather than spending precious weeks researching firms, you can get connected quickly with an attorney who understands Tennessee personal injury law and can protect your right to file before the clock runs out.