Tennessee Personal Injury Statute of Limitations

The Statute of limitations is the deadline for filing a personal injury lawsuit in court. In Tennessee, missing this deadline almost always means the claim is permanently barred — no matter how strong the evidence, how severe the injury, or how clear the defendant's fault.

The general personal injury statute of limitations in Tennessee is 1 year from the date of injury. This covers negligence claims arising from car accidents, slip and falls, defective products, and other incidents causing bodily harm.

One year. Among the shortest in the nation. Two years if criminal charges filed for same incident.

Wrongful death claims must be filed within 1 year of the date of death — not the date of the negligent act that ultimately caused death. One year from date of death.

Medical malpractice claims in Tennessee have specific deadline rules that may differ from the general personal injury statute.

1 year from act/omission or 1 year from discovery; 3-year repose. Noneconomic damages capped at $750K (§29-39-102).

Tennessee recognizes a discovery rule — the statute of limitations may start when the injury was discovered (or should have been discovered through reasonable diligence) rather than when the negligent act occurred.

This is particularly important in cases where injuries are not immediately apparent: medical malpractice (a foreign object left during surgery), toxic exposure, or defective products that cause progressive harm.

For medical malpractice: 1 year from discovery, but 3-year repose from negligent act (except fraudulent concealment).

A statute of repose sets an absolute outer deadline — it cannot be extended by the discovery rule, tolling, or any other exception. In Tennessee, the repose period is 3 years from the date of the act or omission.

Three-year repose for health care liability actions.

Certain circumstances may pause (toll) the statute of limitations, effectively extending the filing deadline:

• Minority — if the injured person is under 18, the statute of limitations is typically tolled until they reach the age of majority. A parent or guardian can file on the minor's behalf before then.
• Mental incapacity — if the injured person is mentally incapacitated at the time of injury, the clock may not start until capacity is restored
• Defendant absence from the state — if the defendant leaves Tennessee, the time away may not count toward the limitations period
• Fraudulent concealment — if the defendant actively concealed the injury or the cause of harm, the clock may be tolled until discovery

Claims against Tennessee government entities have separate, shorter notice requirements that must be satisfied before a lawsuit can be filed: 12 months from date cause of action accrues under the Tennessee Governmental Tort Liability Act (GTLA).

Under §29-20-305(b), the action must be commenced within twelve (12) months after the cause of action arises. Whether the health care liability 120-day pre-suit notice extension applies to GTLA claims turns on case law, not the statute — check current Tennessee decisions.