What is the personal injury statute of limitations in Tennessee?

1. General Personal Injury

Tenn. Code Ann. § 28-3-104 imposes a 1-year SOL for personal injury, defamation, and other listed torts, running from accrual.

2. Wrongful Death

Wrongful death actions follow the 1-year SOL under § 28-3-104, running from the date of death.

3. Medical Malpractice (Health Care Liability)

Tenn. Code Ann. § 29-26-116 imposes 1 year from discovery, with a 3-year statute of repose (extended to 1 year from discovery for foreign objects or fraudulent concealment). A 60-day pre-suit notice (§ 29-26-121) extends the SOL by 120 days.

4. Discovery Rule

Tennessee applies the discovery rule when injury or its cause is not reasonably ascertainable (Teeters v. Currey).

5. Minor / Disability Tolling

Tenn. Code Ann. § 28-1-106 tolls limitations during minority and unsound mind. Health care liability minors have until age 19 or 1 year after disability ends.

6. Government Defendant

The Governmental Tort Liability Act (§ 29-20-305) imposes a 12-month SOL for claims against local governments. Claims against the State are filed in the Tennessee Claims Commission (§ 9-8-402) with a 1-year SOL.

7. Product Liability

The Tennessee Products Liability Act (§ 29-28-103) imposes 1 year from injury, with 10-year repose from first purchase (or 1 year after expiration of the manufacturer's anticipated life of the product).

8. Equitable Tolling / Fraudulent Concealment

Fraudulent concealment tolls the SOL until discovery; equitable tolling is recognized only in limited circumstances.

9. Borrowing Statute

Tenn. Code Ann. § 28-1-112 borrows the SOL of the state where the cause arose for non-resident plaintiffs.

This is legal information, not legal advice.