Don’t Lose Your Rights: Understanding the Tennessee Statute of Limitations Before Time Runs Out
At Mogy Law Firm, we focus on delivering straightforward, effective legal representation in personal injury and criminal defense cases. With over a decade of experience, our team is committed to protecting your rights and securing the best possible outcome for your case. We offer a 25% contingency fee for personal injury cases, ensuring that our clients receive more of their deserved compensation.
Every legal claim has a time limit, and in Tennessee, that limit is controlled by the statute of limitations. If you wait too long to file a personal injury lawsuit or pursue criminal charges, the court may refuse to hear your case. These legal deadlines apply to civil claims like car accidents and slip and falls, as well as more serious offenses.
In this blog, we explain how Tennessee’s statute of limitations affects personal injury cases, outline key deadlines, and show why working with an experienced Memphis personal injury lawyer can help you file on time and protect your legal rights.
What Is the Tennessee Statute of Limitations and How Does It Impact Your Claim?
Understanding the statute of limitations is essential if you plan to file a personal injury claim in Tennessee. This legal rule affects how long you have to act and can determine whether your case moves forward or gets dismissed.
Definition of a Statute of Limitations
A statute of limitations is a law that sets a time limit for filing a lawsuit or charges. Once this time period expires, you may lose the legal right to pursue a claim or prosecution. Each state statute defines its own limits based on the type of offense, claim, or case.
In Tennessee, the statute of limitations for most personal injury claims is one year from the date of the accident under Tennessee Code § 28-3-104(a)(1). After that deadline, the court may refuse to hear your case, even if the facts are strong.
Types of Cases Impacted by the Statute of Limitations
The Tennessee statute of limitations varies based on the type of legal case. Civil claims—such as car accidents, slip and falls, and medical malpractice—often have shorter deadlines. Criminal cases follow a different set of timelines, with some crimes expiring after a set number of years and others, such as murder, having no time limit under Tennessee Code § 40-2-101(b).
Depending on the charge or claim, the filing deadline may be one, two, or three years, and certain circumstances can extend or pause the clock (known as “tolling”). Understanding which statute applies to your case is crucial to preserving your right to legal action.
What Happens If the Deadline Is Missed
Missing the deadline has serious legal consequences. If you try to file a lawsuit or begin a case after the statutory limit, the case may be dismissed. This means you could lose your chance for compensation or prosecution of the offender.
The Civil Clock: Personal Injury Time Limits in Tennessee
Tennessee law sets strict deadlines for filing civil lawsuits, including personal injury claims. Missing these time limits can end your case before it begins.
One-Year Limit for Most Personal Injury Claims
You have one year from the date of the accident or injury to file a personal injury lawsuit. This rule applies to many common cases such as car accidents, slip and falls, dog bites, and assault-related injuries. If the lawsuit is not filed within this statutory period, the court will likely dismiss the case.
This one-year time frame is one of the shortest in the country. Even a short delay can result in a lost claim. It is important to act early to avoid running out of time.
Different Claims Have Different Statute of Limitations Deadlines
While many Tennessee personal injury cases must be filed within one year, other types of claims follow different statute of limitations deadlines. For example, property damage cases allow up to three years to file, while medical malpractice claims may involve special rules—such as the discovery rule or statutory exceptions—that change when the clock begins to run.
Because each type of case has its own statute of limitations, it’s critical to know which deadline applies to your situation. Filing under the wrong timeframe—or in the wrong court—can result in your claim being dismissed entirely. Understanding the specific Tennessee statute of limitations that governs your case ensures you protect your rights and preserve your ability to pursue legal action.
When the Clock Starts
The statute of limitations period usually begins on the date of the act, injury, or accident. In some cases, the clock may start when the injury is discovered, not when it happened. This is called the discovery rule and may apply if an injury was hidden or delayed.
The law does not wait. If time has passed and you are unsure about your deadline, speak with a car accident lawyer. They can help review your case and confirm your expiration date.
Why Time Limits Matter
The legal consequences of missing a filing deadline are serious. If your claim is time-barred, the other side can ask the court to dismiss it. You will not have the chance to argue your case or recover damages.
Exceptions to the Rule: When the Clock Pauses
Tennessee law allows certain exceptions to the statute of limitations. These rules can extend the time you have to file a lawsuit or bring charges.
Injuries Discovered Later
Some injuries are not obvious at the time they happen. In these cases, Tennessee may apply the discovery rule. This means the statute of limitations period starts when the injury is discovered or should have been discovered through reasonable effort. This exception often applies in medical malpractice cases or cases with hidden damage.
The discovery rule does not give unlimited time. Courts still expect action within a reasonable time frame after discovery.
Minors and Legal Disabilities
If the injured person is a minor, the statutory period does not begin until they turn 18. This is known as tolling. Under law, the clock pauses for minors and those who are mentally incapacitated at the time of the act. Once the person reaches legal age or regains capacity, the clock starts.
This rule protects people who are legally unable to act on their own. Still, there is a limit. Once the reason for the pause ends, the countdown begins.
Fraud and Concealment
If the defendant hides the injury or lies about what happened, the court may allow more time. This exception is based on fraudulent concealment. In these cases, the statute of limitations may be extended until the truth is found or the victim could have found it.
Victims must still act once they know or should know the facts. Delay after discovery can still cause a claim to expire.
Absence or Imprisonment of the Offender
If the offender leaves Tennessee or cannot be located, the statute of limitations may pause until they return. This also applies in some criminal cases when the accused avoids arrest or prosecution. In rare cases, the state may also pause the clock during imprisonment.
These rules apply when the defendant’s absence prevents legal action. The law seeks fairness by not rewarding someone who hides to escape justice.
Criminal vs. Civil: How the Tennessee Statute of Limitations Works on Both Sides of the Law
Statutes of limitations affect both civil lawsuits and criminal prosecutions in Tennessee, but the rules and timeframes differ significantly. Understanding how these deadlines apply is crucial—whether you’re pursuing compensation for a personal injury or seeking justice in a criminal matter.
Purpose of Civil vs. Criminal Statutes of Limitations
In civil cases, the Tennessee statute of limitations determines how long an injured person has to file a lawsuit for damages. These claims include personal injury, property damage, and contract disputes. The goal of civil statutes is to ensure fairness: victims must act within a reasonable time while evidence is still reliable.
In criminal cases, the statute of limitations sets the deadline for prosecutors to bring charges against a suspect. These time limits help ensure that the accused is not forced to defend against allegations long after evidence has deteriorated. While civil statutes emphasize compensation, criminal statutes focus on punishment and public safety.
In both areas of law, the statute of limitations is designed to protect the integrity of evidence and prevent unfair delays.
No Statute of Limitations for Tennessee’s Most Serious Crimes
Unlike many civil lawsuits, certain criminal offenses in Tennessee have no statute of limitations. Under Tennessee Code § 40-2-101(b), crimes such as:
- Murder
- Rape
- Child molestation
- Kidnapping
- Certain offenses supported by DNA evidence
can be prosecuted at any time. This means that even if decades pass, the state can still file charges—especially when new evidence emerges, such as DNA linking a suspect to the crime scene.
Time Limits for Other Criminal Charges
For most criminal cases, Tennessee law imposes strict deadlines that depend on the type and severity of the offense. Common statutory periods include:
- Theft and burglary: 4 years
- Fraud and forgery: 4 years
- Assault: 1–2 years, depending on severity
- Tax crimes: 3–5 years, based on the nature of the violation
Once the applicable statute of limitations expires, prosecutors are generally barred from filing charges unless a legal exception applies. This is why understanding—and calculating—these deadlines correctly is critical in any case.
Contact an Experienced Memphis Personal Injury Attorney Before Time Runs Out
When you’ve been injured, the clock starts ticking the moment the accident happens. Tennessee’s statute of limitations determines how long you have to file a claim, and missing that deadline can permanently block your right to pursue compensation. At Mogy Law Firm, our experienced Memphis personal injury lawyers know how critical these deadlines are and work quickly to protect your legal rights before time expires.
Our team will evaluate your case, determine which statute of limitations applies, and take swift action to preserve evidence, file necessary paperwork, and shield you from costly procedural mistakes. Whether you’re dealing with a personal injury claim, a complex civil matter, or questions about filing deadlines, we make sure your case is handled with urgency and precision.
Don’t risk losing your ability to seek justice. If you believe you have a claim, the safest move is to act now—before the statutory window closes.
Contact us at (414) 334-5472 for a free case consultation today, and let our attorneys guide you through the next steps.
