Tennessee

Find an Attorney in Tennessee

Tennessee has one of the shortest personal-injury statutes of limitations in the country — just 1 year from the date of injury. That short window, combined with modified comparative fault and statutory damages caps, means acting quickly matters more here than in most states.

Practice areas in Tennessee

Common questions about Tennessee attorneys

Tennessee’s personal-injury statute of limitations under Tenn. Code § 28-3-104 is just 1 year from the date of injury — shorter than nearly every other state (most are 2–3 years). Missing the deadline bars the case entirely, regardless of merit. The discovery rule extends in limited circumstances (e.g., where the injury wasn’t reasonably discoverable), but the absolute statute of repose under § 28-3-104(c) is 4 years for health-care liability and 10 years for products liability.
Tennessee adopted comparative fault in McIntyre v. Balentine (1992). Under Tennessee’s 49% modified rule (often described as "less than 50%"), you can recover only if your fault is less than 50%. At 50% or more, you recover nothing. The jury assigns percentages, and your damages are reduced by your share. This is slightly stricter than the 51% bar used in most modified-comparative states.
Yes — Tenn. Code § 29-39-102 caps non-economic damages at $750,000 per claimant or $1,000,000 for catastrophic injuries (death, paraplegia, etc.). Punitive damages are capped at the greater of $500,000 or twice compensatory damages under § 29-39-104. The Tennessee Supreme Court upheld the caps in McClay v. Airport Management Services (2020). Caps don’t apply to certain intentional and felony conduct.
The Tennessee Health Care Liability Act requires plaintiffs to serve a written pre-suit Notice on each potential defendant at least 60 days before filing under Tenn. Code § 29-26-121. The complaint must also include a Certificate of Good Faith under § 29-26-122 attesting that a qualified medical professional has reviewed the records and found a good-faith basis for the claim. Missing either requirement leads to dismissal — and dismissal without prejudice may still be barred by SOL.
Tennessee workers’ comp was significantly reformed in 2013. Claims now run through the Court of Workers’ Compensation Claims under Tenn. Code § 50-6, with appeals to the Workers’ Compensation Appeals Board and Tennessee Supreme Court. Income benefits are 66 2/3% of average weekly wage up to a state maximum. The 2013 reforms also changed how permanent partial disability is calculated, generally reducing benefits for many injured workers.

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