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 serious criminal offenses such as rape, murder, or child molestation.
In this blog, we explain how Tennessee’s statute of limitations affects personal injury and criminal 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 a Statute of Limitations?
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 criminal 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.
Purpose of Limitations Laws
The goal of limitations laws is to create fairness and finality. As time passes, evidence fades, memories weaken, and it becomes harder to determine the truth. A set time frame helps protect both victims and those accused of an offense.
These laws also encourage people to take action quickly. The law expects that if someone suffers harm, they will file within a certain period, not wait several years to seek justice.
Types of Cases Affected
Different cases have different limitations periods. Civil cases like car accidents, slip and falls, or medical malpractice follow one timeline. Criminal cases such as murder, rape, or child molestation follow another.
In some cases, like murder, there is no expiration date under Tennessee Code § 40-2-101(b). But many crimes and lawsuits are limited to one, two, or three years, depending on the type of act and circumstances.
What Happens If the Deadline Is Missed
Missing the deadline has serious legal consequences. If you try to file a lawsuit or begin a criminal 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 Periods
While most personal injury cases have a one-year limit, other claims follow different limitations laws. For example, property damage claims in Tennessee have a three-year statute of limitations. Medical malpractice claims can also vary depending on discovery and other factors.
Understanding the correct limitations statute for your situation is critical. Filing under the wrong time limit or in the wrong jurisdiction may lead to dismissal.
When the Clock Starts
The 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 attorney. 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 criminal 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 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 limitations statute 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.
Why Exceptions Are Not Guaranteed
Courts look at exceptions case by case. There is no guarantee that an exception will apply. Judges expect clear proof of the reason for the delay. If the court does not accept the exception, the legal consequences can be final.
Criminal vs. Civil: The Other Side of the Statute
Statutes of limitations apply to both civil lawsuits and criminal charges. Each follows different rules, time limits, and legal goals.
Purpose of Civil vs. Criminal Statutes
In civil cases, the statute of limitations controls how long a person has to file a lawsuit for damages. These cases involve personal injury, property damage, and contract disputes. The goal is compensation.
In criminal cases, the statute of limitations sets a deadline for the government to file charges. These cases involve offenses like rape, murder, or arson. The goal is punishment and protection of the public.
Both systems use time limits to make sure claims and charges are brought while evidence is still fresh.
No Time Limit for Serious Crimes
Some crimes in Tennessee have no expiration date. Under Tennessee Code § 40-2-101(b), there is no time limit for filing charges for murder, rape, child molestation, kidnapping, and certain acts involving DNA evidence. These crimes may be prosecuted at any time, even many years later.
If DNA evidence identifies a suspect years after the crime, prosecutors can still file charges. This rule applies even if the original statutory period would have expired.
Time Limits for Other Criminal Charges
Most criminal charges must be filed within a certain number of years. For example:
- Theft and burglary: four years
- Fraud and forgery: four years
- Assault: one to two years, depending on severity
- Tax crimes: usually three to five years
These limitations laws vary based on the type of offense and the facts of the criminal case. Once the time runs out, the state cannot charge the accused unless an exception applies.
Civil Cases Often Have Shorter Limits
Compared to criminal cases, civil claims usually have shorter statutory limitations. In Tennessee, the time to file a personal injury lawsuit is one year from the date of injury. Property damage claims have three years.
This short time frame means victims must act fast. Filing late can end your right to recover damages, even if you have strong evidence.
Key Differences to Remember
Civil and criminal statutes both deal with time periods, but they serve different legal systems. Civil cases focus on compensation. Criminal cases focus on punishment.
Contact an Experienced Memphis Personal Injury Attorney Today!
If you’ve been hurt in an accident, time is not on your side. The statute of limitations in Tennessee gives you a limited window to file a personal injury claim, and missing that deadline can cost you your right to seek compensation. At Mogy Law Firm, our experienced Memphis personal injury lawyers understand how these deadlines work and what it takes to build a strong case on time.
Contact us at (414) 334-5472 for a free case consultation today!
