Tennessee · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Tennessee?

Tennessee gives you 1 year from the date of injury to file a personal injury lawsuit under Tenn. Code § 28-3-104.

Updated 2026-05-22 · See all 50 states

Key facts: Tennessee

Personal injury deadline
1 year
Tenn. Code § 28-3-104
Wrongful death deadline
1 year
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Tennessee follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Tennessee

One-year deadline (one of the shortest in the U.S.) for both PI and wrongful death (from date of death). Extended to two years if criminal charges are filed against the defendant arising from the same incident. The discovery rule applies.

Related: Tennessee comparative negligence rule

Tennessee follows a modified 50% bar rule. Modified comparative fault with a 50% bar (the "49% rule") adopted in McIntyre v. Balentine. The plaintiff must be less than 50% at fault to recover; at exactly 50% recovery is barred.

Read the full Tennessee comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Tennessee attorney before relying on it.

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Tennessee Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Tennessee?

In Tennessee, the general personal injury statute of limitations is 1 year from the date of injury under Tenn. Code § 28-3-104. One-year deadline (one of the shortest in the U.S.) for both PI and wrongful death (from date of death). Extended to two years if criminal charges are filed against the defendant arising from the same incident. The discovery rule applies.

Does Tennessee have a separate deadline for wrongful death?

Yes. Tennessee's wrongful death statute of limitations is 1 year. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Tennessee personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Tennessee personal injury attorney before assuming a claim is barred.

What is Tennessee's comparative negligence rule?

Tennessee follows a modified 50% bar rule under McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). Modified comparative fault with a 50% bar (the "49% rule") adopted in McIntyre v. Balentine. The plaintiff must be less than 50% at fault to recover; at exactly 50% recovery is barred.

Where can I read the actual statute?

The controlling statute is Tenn. Code § 28-3-104. The full text is available on the official Tennessee legislature website at https://law.justia.com/codes/tennessee/title-28/chapter-3/part-1/section-28-3-104/.

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