Key facts at a glance
- Lawsuit deadline (most injuries)
- 1 year
- Tenn. Code 28-3-104
- Health care liability
- 1 year, 3-year absolute limit
- Tenn. Code 29-26-116
- Pre-suit notice (medical)
- 60 days before filing
- Tenn. Code 29-26-121
- Fault rule
- Recover only if less at fault than the defendant
- McIntyre v. Balentine (1992)
- Claims against local government
- 12 months
- Tenn. Code 29-20-305
- Minimum auto liability
- $25,000 / $50,000 / $25,000
- Tenn. Code 55-12-102
Filing deadlines
Tennessee requires actions for injuries to the person to be commenced within one year after the cause of action accrues, normally the date of injury. If the same conduct is the subject of a criminal prosecution commenced within one year, the civil deadline against the person prosecuted extends to two years.
Health care liability (medical malpractice) claims also carry a one-year limit, extended to one year from discovery where the injury could not reasonably have been discovered sooner, but with an absolute three-year limit from the negligent act except in cases of fraudulent concealment or a foreign object left in the body. Before filing, you must give each provider written pre-suit notice at least 60 days in advance, and you must file a certificate of good faith confirming expert support with the complaint.
How fault affects your recovery
In McIntyre v. Balentine (1992) the Tennessee Supreme Court replaced contributory negligence with modified comparative fault. You can recover damages only if your fault is less than the fault of the defendant, or of all defendants combined where there are several, and your recovery is reduced by your own percentage. At 50 percent or more you recover nothing. This threshold is slightly stricter than Georgia's.
Claims against cities, counties and the state
Claims against cities, counties and other local governmental entities fall under the Governmental Tort Liability Act and must be commenced within 12 months after the cause of action arises. Courts require strict compliance with this deadline. Claims against the State of Tennessee itself go through the Tennessee Claims Commission under separate rules.
Auto insurance in Tennessee
Tennessee's Financial Responsibility Law requires liability coverage of at least $25,000 for injury to one person, $50,000 for two or more people in one accident and $25,000 for property damage. These limits are low compared with the cost of a serious injury. Uninsured motorist coverage must be offered with every policy and can be rejected only in writing, so check whether your policy includes it.
Work injuries in Tennessee
Workplace injuries are administered by the Tennessee Bureau of Workers' Compensation. Employees must give notice of an injury to the employer within 15 days, and disputes are handled by the Bureau's Court of Workers' Compensation Claims. If someone other than your employer caused the injury, a separate personal injury claim under the one-year deadline may also be available.
Finding and checking an attorney
Attorneys practising in Tennessee are licensed by the Tennessee Supreme Court and regulated by the Board of Professional Responsibility, which maintains a public attorney search with discipline history. Ask Legal Matters does not verify the license of attorneys that its partners connect you with, so check any attorney there before signing an agreement.
Guides by injury type
Each guide explains what matters in that kind of claim, with Tennessee examples where the rules differ.
Official Tennessee resources
Request a free case review
Answer a few quick questions and we may connect you with an independent attorney licensed in Tennessee. Free to request, no obligation, and the attorney decides whether to take the case. Ask Legal Matters is a lead-generation service, not a law firm.
Start my request