Like other states, Tennessee has adopted a statute of limitations, which spells out the maximum amount of time injured victims have to file a lawsuit. This law is important. If you wait too long to sue, a judge will toss your case out of court. And that means you are unlikely to receive any compensation.
Dennis & Winningham is an established personal injury firm in Chattanooga. We help clients who are injured in a variety of accidents seek financial compensation. As part of our practice, we pay close attention to the Tennessee personal injury statute of limitations so that we can protect our clients’ rights. Call to schedule a free, no-risk consultation with a Chattanooga personal injury lawyer today.
Tennessee Statute of Limitations Personal Injury
The law governing most personal injury cases is found at Tennessee Code Annotated § 28-3-104. It states a general rule that personal injury victims get one year from the day a claim accrues to file a lawsuit. A claim accrues the day you are hurt in an accident.
For example, suppose you are injured in a truck accident on June 1, 2026. You will have until June 1, 2027, to file a lawsuit in court. That is how the statute of limitations works.
What Happens if You Miss the Deadline?
One year isn’t much time. Other states give accident victims two or even three years to file. A personal injury victim could spend an entire year struggling to get on top of their injuries. Twelve months go by fast when you are attending rehab, regularly checking in with your doctor, and just trying to survive the pain.
However, if you fail to file a lawsuit within a year, then you will lose the right to sue. That is an unfortunate consequence, but it often happens.
Call Dennis & Winningham. We stay abreast of all deadlines that impact our clients’ cases, and we can get a claim filed before the deadline.
Exceptions to the One-Year Statute of Limitations
Tennessee has some well-known exceptions to the harsh one-year rule. These exceptions might extend the deadline for certain people:
- Discovery rule. This rule applies if you could not discover you were injured within a year. For example, a person might be poisoned at their workplace and develop cancer, but not be diagnosed for several years after the initial exposure. Under the discovery rule, the one-year period starts when you discover you are injured or should have discovered it. This rule rarely applies in cases involving dramatic accidents, like car crashes. You should know you are hurt the day of the accident or soon after.
- Criminal charges against the defendant. Some defendants are charged with crimes, such as drunk driving. Tennessee law will extend the limitations period up to two years in some situations. (Tenn. Code Ann. 28-3-104(a)(2).)
- The victim is a minor. Children under 18 cannot file their own lawsuits, so the law does extend the deadline for them. Typically, a minor gets one year from the day they turn 18. A child injured at age 16 usually gets until age 19 to file a lawsuit.
- The victim is incompetent. A victim might be mentally ill or deemed incompetent by a court. They have similar rules to those that apply to minors.
We encourage members of the public not to assume that an exception applies to their case. For example, a defendant might not be charged with a crime, meaning a one-year deadline applies instead of two. Reach out to our office as soon as possible. We can rely on our experience to analyze how much time remains on the clock and move quickly.
The Statute of Limitations and Personal Injury Settlements
Many of our clients hope to negotiate a settlement and, in that way, avoid court altogether. Does the Tennessee personal injury statute of limitations apply to negotiations?
Yes. All settlement negotiations occur against a backdrop of what will happen if the settlement negotiations falter. Suppose two years pass from the date of a car accident. You want to negotiate a settlement with another motorist’s insurance company. They will see that the statute of limitations has expired and have little incentive to settle. After all, you cannot win in court because you waited too long to file a claim.
Delaying only hurts accident victims who seek a generous settlement without the need for a trial. You can be sure insurance companies keep a close eye on the clock and will ask a judge to dismiss any claim that is filed too late.
Schedule a Free Consultation with Our Chattanooga Personal Injury Attorney
Dennis & Winningham has served the 37411 zip code for many years, with a long roster of satisfied clients. We opened our doors because we believe our friends and neighbors deserve top-level legal representation after an accident. Many people try to handle their own personal injury claims, only to make simple mistakes that cost them money. Some are completely unaware of the relevant Tennessee personal injury statute of limitations. They lose compensation as a result. Contact our office to schedule a free, no-obligation meeting with an experienced lawyer in our office.
