Tennessee Personal Injury Laws and Statutes of Limitations

If you've been hurt by someone else's negligence, it's vital to know your legal options. Like all states, Tennessee has its own laws that control how and when you can pursue a personal injury lawsuit. Understanding how these rules apply to you will improve your chances of receiving fair compensation, whether you're taking your case to court or negotiating an insurance settlement.

Tennessee's Statute of Limitations for Personal Injury Lawsuits

Each state has laws called "statutes of limitations." These laws set strict deadlines for filing lawsuits, with different time limits for different kinds of cases.

In Tennessee, a person has one year to file a lawsuit seeking compensation for "injuries to the person." This deadline covers personal injury cases based on negligence--in other words, lawsuits where the plaintiff is arguing that they were harmed by the defendant's careless behavior. It also covers most lawsuits over so-called "intentional torts," where the plaintiff argues that they were harmed by the defendant's deliberate acts.

Keep in mind that, depending on how you were harmed, a different deadline could apply to your potential lawsuit. For example, if someone slanders you (that is, lies about you in a way that hurts your reputation), Tennessee law only gives you six months to file a lawsuit against that person.

(Tenn. Code § 28-3-103 (2024); Tenn. Code § 28-3-104 (2024)

When the Statute of Limitations "Clock" Start to Run in Tennessee

In personal injury cases involving things like car crashes or falls, the plaintiff usually knows right away that they've been hurt. And the identity of a prospective defendant is usually pretty obvious, too--for example, the other driver in a traffic accident, or the business that failed to keep its premises safe. In cases like that, it makes sense to start the statute of limitations clock on the date the plaintiff was injured.

Sometimes, though, a person can be harmed in ways that are less obvious, and that may take months or even years to become noticeable. This is especially true when the harm is caused by medical malpractice, or by long-term exposure to toxic chemicals.

To avoid unfairly penalizing people who've suffered these less obvious harms, Tennessee uses something called "the discovery rule." Most states have a version of this rule. Tennessee's discovery rule says that the statute of limitations clock will not start to run until the plaintiff knows (or should have known):

• how they've been hurt
• the identify of the person (or people) who caused the harm.

(Wyatt v. A-Best, Co., 910 S.W.2d 851, 855 (Tenn. 1995).)

The Consequences of Missing the Personal Injury Filing Deadline

If you try to file a lawsuit after the usual statute of limitations deadline has passed, your case will almost certainly be thrown out by the court. (We'll talk below about the rare instances where you may be entitled to more time.) Courts look at the filing deadline before they examine the strength of the plaintiff's case. This means, for example, that courts won't make exceptions for plaintiffs who've suffered particularly severe injuries or financial hardships. They also won't consider how obvious it might be that the defendant is legally responsible for the plaintiff's injuries.

These legal consequences are important even if you're hoping to receive compensation through a negotiated insurance settlement. Lawsuits are costly and time-consuming, and insurance companies try to avoid them. This means that, if you have a good argument for why you're entitled to compensation, an insurance company will usually prefer to negotiate a settlement rather than deal with defending a lawsuit.

But, once the statute of limitations expires, this leverage goes away. Your leverage could start to decrease even before the deadline expires. The less it looks like you have the time and the desire to go to court, the less incentive the other side has to offer you the settlement you're looking for.

When a Plaintiff Could Be Entitled to More Time

In a few relatively rare situations, the running of the statute of limitations "clock" might be paused in Tennessee, effectively extending the lawsuit-filing deadline. For example:

• Harms to minors and "incompetent" people. Filing deadlines can be more flexible for people who are harmed when they're under 18, or while they're "incompetent" (that is, mentally or physically incapable of caring for themselves). In these situations, the statute of limitations clock may start ticking once the person has turned 18, or has been declared competent. This extra time isn't automatic. For example, it's possible that a person's parent or legal guardian might be required to file a lawsuit on their behalf within the usual timeframe.
• Out-of-state defendants. It can be difficult or impossible to pursue a lawsuit against a person who isn't in the state. If you're harmed by a person who lives outside Tennessee, or who leaves the state after the incident, a court will generally exclude that out-of-state time when calculating the statute of limitations.
• Defendants who are charged with crimes. Sometimes the same conduct that gives rise to a personal injury lawsuit also results in a criminal prosecution (for example, an assault or a DUI car accident). If someone is being criminally prosecuted for the same actions that caused your injuries, you may have two years to file a personal injury lawsuit instead of just one.

These kinds of exceptions can be very helpful to individual defendants. But they apply only rarely, and there will often be a legal battle over whether all of the conditions have been met in a particular case. So, even if you may be entitled to more time, it's still important to do your best to meet the usual personal injury filing deadline.

(Tenn. Code § 28-1-106 (2024); Tenn. Code § 28-1-111 (2024); Tenn. Code § 28-3-104 (2024).)

Where and How to File a Personal Injury Lawsuit in Tennessee

Plaintiffs in Tennessee usually file personal injury lawsuits in one of the state's trial courts.

There are trial courts across the state, but venue rules will determine where you'll file your case. In general, a personal injury lawsuit is filed in the judicial district where the defendant lives or works, or where the accident took place.

You'll also have to know which kind of court is the right one for your lawsuit. You can file a personal injury lawsuit in Tennessee Circuit Court. But if you're suing for less than $25,000 in damages, it may make sense to file a small claims case in General Sessions Court.

Small claims court is meant for people who want to handle their own cases without hiring lawyers--so it uses rules that are designed to make the process less complicated and more efficient. This can be a good option for people who have relatively straightforward cases, and who haven't suffered serious injuries or financial losses. But if the financial or personal stakes are high, or you aren't sure of the best way to proceed with your case, your best bet is to consult with an attorney.

What Happens If You're Partly at Fault for Your Own Injuries

The defendant in a personal injury case will often argue that the plaintiff bears some responsibility for their own injuries. If a judge or jury agrees that both the plaintiff and the defendant are partially at fault, it raises the question of how much compensation (if any) the plaintiff should receive. Tennessee answers this question using a rule called "modified comparative negligence." This rule can reduce or even eliminate a plaintiff's compensation, even if the defendant has some legal responsibility for the accident.

Under modified comparative negligence, a plaintiff who is less than 50% responsible for their own injuries can be awarded damages, but their compensation will be reduced in proportion to their share of fault. But a plaintiff who is 50% responsible, or more, can't be awarded any damages at all.

(McIntyre v. Balentine 833 S.W.2d 52 (Tenn. 1992).)

Tennessee's Modified Comparative Negligence Rule in Action

Imagine that you've just stopped at a stop sign when you get rear-ended by the vehicle behind you. The other driver admits that they were distracted and didn't realize they were approaching an intersection. But they argue that you're at least partly to blame, too, because it was getting dark and your taillights weren't on. You end up suing the other driver to cover repairs to your vehicle and your medical bills. The case goes all the way to a trial, and the jury decides that:

• the defendant was 90% responsible for the accident
• you were 10% responsible, and
• your total damages add up to $10,000.

Here, Tennessee's modified comparative fault rule would apply to reduce your damages award by 10%, in proportion to your share of fault. So, the judge would order the defendant to pay you $9,000--your total damages, minus the $1,000 representing your share of responsibility.

On the other hand, imagine that you suffer the same injuries and property damage, but the accident occurred when you slammed on your brakes and were rear-ended by a driver who was following you too closely. A jury might decide that you and the other driver are equally responsible for the accident. In that case, you would not be entitled to compensation under Tennessee law.

Comparative Negligence and Insurance Claims

Keep in mind that modified comparative negligence is a rule that judges and juries must follow when deciding how much compensation to award a plaintiff. It does not control decisions in the insurance claims process, or limit the amount of money a plaintiff can receive in a negotiated lawsuit settlement.

That said, insurance adjusters and defense attorneys are always going to look at the possible outcome of a lawsuit when they're negotiating a settlement. So, if they think they'll be able to argue that a plaintiff contributed to their own injuries, the value of any settlement offer will go down accordingly.

Tennessee's Damages Cap for Personal Injury Cases

Like many states, Tennessee places limits (called "caps") on certain kinds of damages in personal injury cases. There is no cap on so-called "economic" damages--that is, losses like medical bills or lost wages that can be relatively easily quantified in dollars. But the state does limit "non-economic" damages like pain and suffering. These damages are just as legitimate as economic damages, but can't be easily boiled down to a specific amount of money.

Tennessee places a $750,000 cap on non-economic damages in most personal injury cases. The cap is raised to $1 million if the plaintiff has suffered "catastrophic injury or loss," which state law defines as:

• paraplegia or quadriplegia
• loss of multiple hands and/or feet
• extensive and severe burns, or
• the wrongful death of a parent responsible for minor children.

Remember, these caps only apply to non-economic damages. A person can seek full compensation for their medical bills and other financial losses regardless of the dollar amount.

(Tenn. Code § 29-39-102 (2024).)

Injury Claims Against the Tennessee State Government

Tennessee (like all states) places significant limits on how and when people can sue the government.

Under Tennessee law a person is not allowed to go to court and file a personal injury lawsuit against the state government or a state agency. Instead, they must file a claim directly with the state, and pursue compensation through an administrative process. The state requires people to file claims through its online portal.

It may be possible to file a civil lawsuit against a local government agency or employee, but there are still very significant hurdles. For example, state law gives local governments and their employees extensive immunity from lawsuits. So, even if you'd otherwise have a good case against a negligent government employee, you might be barred from suing if they can show that they harmed you in the course of doing their government job.

(Tenn. Code § 29-20-201 (2024).)

Next Steps in Your Tennessee Personal Injury Case

Tennessee law provides the framework for personal injury cases in the state. Things can get complicated as you start looking into how these basic rules apply to specific situations. If you've been injured in Tennessee and have questions about your options and obligations under state law, you should consider speaking with an attorney. An experienced personal injury attorney will be able to discuss the details of your case and help you decide how to proceed.