Tennessee Civil Statute of Limitations

In civil cases, state laws impose time limits on a plaintiff's ability to file their cause of action. These laws are civil statutes of limitations

The states have different statutes of limitations for specific types of legal action. For instance, Tennessee law only gives you one year to file a personal injury lawsuit but three years to sue someone for fraud.

Tennessee's civil statute of limitations period for personal injury claims is much shorter than in other states. Usually, you have two or three years to pursue a civil action. If you don't file your civil case before the statute of limitations period expires, you'll lose your right to file suit.

This is why you must get to know Tennessee's civil statute of limitations. Here, we'll explain the filing deadlines for civil cases in the state of Tennessee.

Are There Exceptions to the Civil Statutes of Limitations in Tennessee?

Tennessee law requires the courts to apply the statutes of limitations strictly. But, as with most other things, there are a few exceptions. For example, if the plaintiff is under 18 at the time of their accident, the statute of limitations period doesn't start until they turn 18.

Some of the other cases in which the courts may toll (pause) the statute of limitations include:

  • The defendant is evading service of process
  • The plaintiff is mentally incapacitated
  • The claimant doesn't discover their injury right away

This last exception falls under Tennessee's "Discovery Rule." Under this rule, the Tennessee statute of limitations does not start until the plaintiff discovers (or should have discovered) their injury. For example, if a car accident victim has no idea they suffered a serious back injury until more than a year after the crash, the court may still allow them to file their personal injury lawsuit.

The discovery rule most often applies to cases where the plaintiff suffers a latent injury. We see this a lot with asbestosis and mesothelioma cases. It can take years (or decades) for people to discover these injuries. Legally, the clock will not start until a doctor diagnoses the plaintiff with their latent injury or illness.

What Happens if You Miss the Statute of Limitations?

In most states, plaintiffs have a couple of years (or longer) to file their civil action. But, there is a one-year statute of limitation for personal injury in Tennessee. This is shorter than in most other states. This is important because if you miss the filing deadline, you will lose your chance to sue the responsible party.

Typically, one of two things will happen if you miss the statute of limitations period. The court clerk will notice that you've missed the filing deadline when you submit your complaint. If this happens, they'll reject your filing for being untimely.

Another possibility is that the defendant files a motion to dismiss your complaint because it was late. The court will have no choice but to grant their request.

Tennessee Civil Statute of Limitations: At a Glance

The following table summarizes Tennessee's civil statutes of limitations and links to specific Tennessee Code sections.

Personal injury

One year (Tenn. Code Ann. § 28-3-104(a)(1))

Libel/slander/defamation
Fraud

Three years (Tenn. Code Ann. § 28-3-105)

Personal property damage

Three years (Tenn. Code Ann. § 28-3-105(1))

Professional malpractice
Product liability

One year (Tenn. Code Ann. § 29-28-103)

Wrongful death

One year (Tenn. Code Ann. § 28-3-104)

Trespass

Three years (Tenn. Code Ann. § 28-3-105(1))

Collection of rents

Six years (Tenn. Code Ann. § 28-3-109)

Breach of contract
Collection of debt on account

Six years unless expressly provided (Tenn. Code Ann. § 28-3-109)

Judgments

10 years (Tenn. Code Ann. § 28-3-110(2))

Note: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, please consult a personal injury attorney or conduct legal research to verify your state laws.

Don't Miss Your Filing Deadline: Contact an Attorney Today

The time limits for filing your personal injury case depend on the injury you suffer. For example, the statute of limitations is longer for collecting rent than for personal injury. While this can get confusing, you don't have to figure it out alone. Get a head start on your claim today by consulting a Tennessee personal injury lawyer near you.

Research the Law

Tennessee Civil Statute of Limitations Laws: Related Resources

Was this helpful?