Last Updated: September 16, 2026
The statute of limitations for injury in Tennessee is one year from the date of the injury, codified under Tennessee Code Annotated § 28-3-104(a)(1). Miss that 12-month window and the court can bar your claim permanently, no matter how strong the evidence.
Tennessee's one-year deadline applies to most personal injury and tort actions, including car accidents, premises liability, and libel. According to the Tennessee Code Annotated § 28-3-104, the clock starts on the accrual date, which is typically the date of injury. Legal practitioners emphasize that failure to file within one year results in the loss of the right to maintain a cause of action, per the McMahan Law Firm's overview of Tennessee filing deadlines.
Tennessee is among the states with the shortest statute of limitations for personal injury, as most other states allow at least two years. A 2026 comparative survey by CaseFleet found that the majority of states provide two or three years from the date of injury, contrasting sharply with Tennessee's one-year rule.
Different claims carry different clocks. Here's how the Tennessee injury statute applies across the most common case types.
| Claim Type | Filing Deadline | Clock Starts |
|---|---|---|
| Car accident | 1 year | Date of accident |
| Medical malpractice | 1 year | Date of discovery |
| Wrongful death | 1 year | Date of injury causing death |
| Fraud | 3 years | Date of discovery |
| Medical malpractice (repose limit) | 3 years | Date of negligent act |
Car accident claims must be filed within one year of the accident date under TN Code § 28-3-104. According to the Burd Law Firm's analysis of Tennessee car accident deadlines, this single-year window applies whether the crash involved a minor fender-bender or a catastrophic injury. Waiting to "see how you feel" is a common mistake, because soft-tissue injuries often surface weeks after the collision.
Medical malpractice victims have one year from the date they discover the injury, capped by a three-year statute of repose. As Delius & McKenzie, PLLC explains, the repose limit is an absolute deadline regardless of when the injury was discovered. A surgical error that surfaces in year four may be time-barred even though the patient had no way of knowing sooner.
Fraud claims carry a three-year statute of limitations, longer than the injury window. According to FindLaw's civil statute of limitations comparison, this extended period reflects the hidden nature of fraud, which often takes time to surface. If an insurer or another party concealed facts relevant to your injury claim, that misconduct may open a separate fraud cause of action with its own deadline.
The discovery rule delays the clock until the plaintiff knows, or reasonably should know, that an injury occurred and was caused by another's negligence.
Tennessee's wrongful death statute of limitations is one year from the date of the injury that resulted in death. The Tennessee Bar Association confirms this deadline is measured from the injury, not the date of death, which surprises many grieving families. In practice, this means a fatal car accident and the survival claim share the same one-year clock.
Tennessee's wrongful death statute, Tenn. Code Ann. § 20-5-106, does not create a new cause of action; it preserves the one the deceased would have had if they had survived. That is why the clock runs from the injury date: if a person is injured in a crash on January 1 and dies on March 1, the claim is governed by January 1.
Tennessee law distinguishes between two related claims that share the same one-year clock:
The discovery rule can delay the clock in wrongful death cases where the cause of death is not immediately apparent, a fatal illness linked to long-term toxic exposure, or a death attributed to natural causes that later proves to be negligence. The clock may then begin when the family knew or reasonably should have known the death was caused by another's negligence.
If your family is navigating a wrongful death claim, the timeline is unforgiving. Consulting an attorney early preserves both the claim and your legal recourse.
Tolling pauses the statute of limitations, giving the plaintiff additional time to file. Tennessee recognizes several tolling scenarios, but each is narrow, fact-specific, and easy to get wrong.
When the injured party is a minor, Tennessee law generally tolls the one-year clock until the disability of minority is removed. Under Tennessee Code Annotated § 28-1-106, a minor may file within one year after reaching the age of majority, 18 in Tennessee.
Two important caveats:
Tennessee tolls the clock for a plaintiff who is "of unsound mind" when the cause of action accrues, under Tenn. Code Ann. § 28-1-106. The statute defines unsound mind to include a person incompetent to manage their own affairs, but courts have narrowed this significantly.
Suing a city, county, or state agency is a different game. The Tennessee Governmental Tort Liability Act (GTLA), Tenn. Code Ann. § 29-20-101 et seq., imposes a notice requirement separate from, and shorter than, the one-year statute of limitations.
When the defendant lives out of state, Tennessee's general tolling statute, Tenn. Code Ann. § 28-1-111, provides that the time of absence is not counted toward the statute of limitations, but only if the absence prevents service of process.
Fraudulent concealment, where the defendant actively hides evidence or wrongdoing, may toll the deadline until the plaintiff discovers the deception. Tennessee courts apply this doctrine sparingly: the plaintiff must show the defendant took affirmative steps to conceal the cause of action and that reasonable diligence still failed to uncover it. Mere silence is generally not enough.
Not every minor car accident requires a lawyer, but the one-year deadline means the decision can't wait indefinitely. If your injuries are minor, medical bills are low, and the insurer offers a fair settlement quickly, you may handle it yourself. If you're still treating, have lost wages, or the insurer is lowballing you, an attorney usually changes the outcome.
If you're weighing whether to pursue a claim, Cummings Law Car Accident & Personal Injury Lawyers offers contingency-fee representation, meaning you pay no fees unless the case is won. With over $47,000,000.00 recovered for clients, the firm handles both personal injury and medical malpractice claims across Middle Tennessee.
Tennessee gives you one year from the date of injury to file a personal injury lawsuit. This deadline is set by Tennessee Code Annotated § 28-3-104(a)(1). The same one-year window applies to car accidents, premises liability, and most other injury claims. Missing that deadline typically bars your case permanently, so contact an attorney as soon as possible after an injury.
The discovery rule personal injury standard can extend your filing window when you do not immediately know you were injured or who caused it. In medical malpractice cases, you have one year from the date you discover the injury, but a three-year statute of repose caps that extension. Even if you discover the harm later, the absolute three-year deadline can bar your claim.
The wrongful death statute of limitations Tennessee families face is one year from the date of the injury that resulted in death, according to the Tennessee Bar Association. This is a separate deadline from any criminal charges. Surviving family members should speak with an attorney quickly to preserve evidence and file within the one-year window.
Yes. Tolling can pause the one-year deadline in specific situations. Minority status and mental incapacity may extend the filing period. Claims against governmental entities require a notice of claim, often with a shorter deadline than one year. Fraudulent concealment and equitable estoppel can also affect timing. An attorney can review whether any exception applies to your case.
Cummings Law Car Accident & Personal Injury Lawyers Address: 4235 Hillsboro Pike #300, Nashville, TN 37215
