Detailed Answer
Under Tennessee law, most personal injury claims must be filed within one year of the date the cause of action accrues. Tennessee Code Annotated § 28-3-104 sets this deadline for “actions for injuries to the person.” That means if you suffer a bodily injury—such as from a car wreck, a slip-and-fall, or another negligence incident—you generally have one year from the accident date to file your lawsuit in court. If you miss this deadline, the court will usually dismiss your case and bar you from recovering compensation.
Accrual Date: The statute of limitations begins on the date you are injured or when you discover, or reasonably should have discovered, the injury and its negligent cause. For example, if you are rear-ended on February 1, 2023, and sustain a back injury you detect immediately, your filing deadline will be February 1, 2024.
Common Exceptions and Tolling Rules:
- Minor Plaintiffs: If the injured party is under age 18, the one-year period does not start until their 18th birthday.
- Defendant Absent from State: If the defendant leaves Tennessee after the injury and before you file suit, the limitations period pauses while they remain out of state.
- Fraudulent Concealment: If a defendant fraudulently conceals their wrongdoing, the statute may be tolled until the injured person discovers—or reasonably should discover—the fraud.
For the full statutory language, see Tennessee Code Annotated § 28-3-104.
Disclaimer
This information is intended for general educational purposes and does not constitute legal advice. Always consult a qualified attorney about your specific circumstances.
Helpful Hints
- Note the exact date of your accident; it starts the one-year countdown.
- Collect and preserve evidence immediately—photos, medical records, and witness contacts.
- If you’re under 18 when injured, remember the filing clock won’t start until you turn 18.
- Seek legal guidance early to identify any tolling exceptions that may apply.
- Missing the deadline typically ends your right to sue, even if liability and damages are clear.