The Statute of Limitations for Personal Injury in Tennessee

 

 

 

When you’re injured in an accident, your focus is naturally on healing, supporting your family, and getting your life back on track. But there is one legal deadline that can determine whether you’re able to recover compensation at all: the statute of limitations. You’ve likely heard the phrase “statute of limitations” before but may be unsure exactly what it means. It refers to the amount of time a person has to file a lawsuit after an accident or a crime has occurred. Statutes of limitation are set by the lawmakers of each state and vary according to whether a claim is civil or criminal. You may have anywhere from one year to multiple years to file a claim, depending on the circumstances.

What Is the Statute of Limitations for Each Injury Case Type in Tennessee?

Tennessee has one of the shortest filing deadlines in the country. In Tennessee, for most personal injury claims, the injured party has just one year from the date of the accident to file a claim. After that year has passed, it’s no longer possible to file a lawsuit for monetary compensation for the injuries suffered unless a legally recognized exception applies. Here is how long victims typically have to file:

Because determining the correct deadline isn’t always straightforward, you should never assume you know how long you have. Missing the filing deadline even by a single day can permanently end your case.

Why Is Tennessee’s Statute of Limitations So Short Compared to Other States?

Every state sets its own filing deadlines, but Tennessee lawmakers have historically favored shorter statutes of limitation for several reasons:

To prevent old or unreliable evidence from affecting court decisions

Memories fade, witnesses move, and physical evidence deteriorates. Tennessee’s legislature prioritizes quick filing to keep evidence fresh.

To reduce court backlog

Shorter deadlines encourage early resolution, which helps keep courts from becoming overwhelmed.

To limit “open-ended” liability for defendants

Tennessee laws often reflect a desire to prevent long-term uncertainty for individuals and businesses. While these policies may benefit the legal system, they can create immense pressure on injured victims, especially those dealing with medical treatment and recovery. That’s why contacting an attorney as soon as possible is crucial.

Are There Exceptions to Tennessee’s Statute of Limitations?

Tennessee does allow a few important exceptions:

  1. Injured Minors: When minors are injured, they have until a year after their 18th birthday to file the claim, which means they can file up until their 19th birthday.
  2. Mental Incompetence: If a mentally incompetent person is involved in a personal injury accident, it’s possible to get the statute of limitations extended.
  3. Defective Product Liability Claims: If the personal injury suit involves a defective product liability claim, the victim has between six and 10 years to file, depending on the particulars of the case.
  4. Latent Injuries – Tennessee’s Discovery Rule: If the case involves a latent injury, under Tennessee’s Discovery Rule, the victim can end up with extra time to file. Latent injuries are injuries that aren’t easy to pinpoint because they tend to develop slowly, leaving a person unaware that anything is wrong until much later than the actual accident took place. In these instances, the statute of limitations’ one-year rule doesn’t apply. Instead, the victim has until a year after he or she discovers (or should reasonably have discovered) the injury to file a suit.
  5. Fraud or Concealment: If a doctor, company, or individual intentionally hides wrongdoing or the cause of an injury, Tennessee law may “toll” (pause) the statute of limitations. Because exceptions are narrowly interpreted and strongly contested by insurance companies, you should never assume one applies without a lawyer reviewing your case.

What Are My Options if I Miss the Statute of Limitations?

In most situations, if the statute of limitations expires, the court will dismiss the case, and you lose your right to compensation no matter how strong your evidence is. However, you may still have options:

  • The Discovery Rule: As noted above, if your injury was latent or hidden, you may have a year from the date of discovery rather than the date of the incident.
  • The Defendant Concealed Information: Fraud or intentional concealment may allow the deadline to be extended.
  • You Were Legally Incapacitated: Mental incapacity or minority age may toll the deadline.
  • Multiple Defendants or Different Claim Types: Some claims carry different deadlines, even when arising from the same incident.

Never assume the deadline has passed for filing an injury claim without speaking to an attorney. We have seen many clients who initially believed they were too late, only for us to discover an exception that saved their case.

How Can I Be Sure I Don’t Miss the Statute of Limitations?

Missing Tennessee’s one-year deadline is one of the most damaging and irreversible mistakes an injury victim can make. Here are practical steps to protect yourself:

  • Speak to a personal injury lawyer as soon as possible. Contacting an attorney is the single most important step towards getting compensation.
  • Avoid giving statements to insurance companies before receiving legal guidance. They may try to delay your case or mislead you about your rights.
  • Document everything immediately. Photos, witness names, medical records, and timelines all matter.
  • Get a clear deadline from an attorney. An experienced lawyer can calculate your exact statute of limitations based on your case type and any potential exceptions.
  • Don’t rely on online articles or general rules. The statute of limitations can be surprisingly complex, even for attorneys who don’t handle these cases regularly.

How Gary Massey Injury Lawyers Can Help

If you ever find yourself in a situation where you’re considering filing a personal injury claim, it’s extremely important to talk to an experienced personal injury lawyer as soon as you can. This gives you a chance to assess the case together and decide how to proceed while you have plenty of time to move forward. At Gary Massey Injury Lawyers, we understand how overwhelming the aftermath of an accident can be, especially in a state with such unforgiving deadlines. Our team:

  • Calculates the exact statute of limitations for your case
  • Preserves evidence before it disappears
  • Handles all communications with insurance companies
  • Files your claim well before any deadlines
  • Will build a strong, fully documented case for maximum compensation for you and your loved ones

You only get one chance to file your injury claim. Let us make sure your rights are protected from day one. Call Gary Massey Injury Lawyers or fill out our online form today to get started. Your consultation is free, and we don’t get paid unless you do.

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