Tennessee Personal Injury Law Resources

Tennessee is an at-fault state with one of the shortest statutes of limitations in the nation just ONE year modified comparative fault with a strict 50% bar (at 50% fault, you are barred), and a $750,000 cap on non-economic damages in most personal injury cases, increasing to $1,000,000 for catastrophic injuries. Economic damages are uncapped. The state's extremely short filing deadline makes prompt legal action essential. Auto insurance minimums are 25/50/15.

Statute of Limitations

General Personal Injury ONE Year

Tennessee provides a one-year statute of limitations for most personal injury claims under Tenn. Code § 28-3-104. This is one of the shortest deadlines in the United States. The clock starts on the date of injury.

Specific Deadlines

Wrongful death: One year from the date of death.

Medical malpractice (health care liability): One year from the date of injury or from the date of discovery. A three-year statute of repose applies from the date of the negligent act. A 120-day pre-suit notice period is required before filing a health care liability action.

Defamation: Six months (libel) or one year (slander).

Property damage: Three years.

Government Claims

Claims against the State of Tennessee are filed with the Tennessee Claims Commission. Claims against local governments are subject to the Governmental Tort Liability Act (Tenn. Code § 29-20-101 et seq.), which provides immunity with specific exceptions and requires a one-year filing deadline. Written notice requirements vary by entity.

Tolling and Saving Statute

The statute is tolled for minors (until age 18) and for mental incapacity. The discovery rule applies in medical malpractice and latent injury cases (subject to the statute of repose). Tennessee's saving statute (Tenn. Code § 28-1-105) allows a plaintiff to refile within one year after dismissal for reasons other than a judgment on the merits.

Modified Comparative Fault (50% Bar Strict)

Tennessee follows a modified comparative fault rule under Tenn. Code § 29-11-103. A plaintiff who is 50% or more at fault is completely barred from recovery. This is a strict 50% bar at exactly 50%, the plaintiff cannot recover (unlike 51% bar states).

Tennessee applies several liability (proportionate share) each defendant pays only their percentage of fault. Joint and several liability has been abolished.

Damage Caps

Non-Economic Damages $750,000 / $1,000,000

Under Tenn. Code § 29-39-102, non-economic damages in most personal injury cases are capped at $750,000 per plaintiff (aggregate, including loss of consortium and all derivative claims).

The cap increases to $1,000,000 for catastrophic loss or injury, defined as:

• Paraplegia or quadriplegia
• Amputation of hands, arms, feet, or legs
• Third-degree burns over 40% or more of the body
• Wrongful death of a parent leaving a minor child

Exceptions where the cap does NOT apply:

• Defendant had specific intent to inflict serious physical injury
• Defendant intentionally falsified, destroyed, or concealed material evidence
• Defendant was under the influence of alcohol or drugs
• Defendant's act resulted in a felony conviction

Economic Damages No Cap

Tennessee imposes no cap on economic damages.

Punitive Damages

Punitive damages are capped at the greater of two times compensatory damages or $500,000. Punitive damages require proof by clear and convincing evidence. No punitive damages in wrongful death cases (limited exception).

Government Liability

Under the Governmental Tort Liability Act, damages against local governments are capped at $300,000 per claimant / $700,000 per occurrence (subject to periodic adjustment). Claims against the state are handled by the Tennessee Claims Commission with similar limits.

Auto Insurance Requirements

Tennessee is an at-fault (tort) state.

Liability Minimums 25/50/15

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $15,000 per accident for property damage

No PIP Required

Tennessee does not require Personal Injury Protection (PIP) coverage.

UM/UIM Must Be Offered

Uninsured/Underinsured Motorist (UM/UIM) coverage must be offered at limits equal to bodily injury liability limits. The insured may reject UM/UIM or select lower limits (not below minimums of 25/50) in writing.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Tennessee are filed in Circuit Court, the state's trial court of general jurisdiction. Tennessee has 95 counties organized into 31 judicial districts. General Sessions Court handles civil cases up to $25,000 and also serves as the small claims court.

Davidson County (Nashville), Shelby County (Memphis), Knox County (Knoxville), Hamilton County (Chattanooga), and Rutherford County (Murfreesboro) handle the highest volumes of personal injury litigation. Shelby County has historically been one of the more plaintiff-friendly jurisdictions in the state.

Common Types of Personal Injury Cases in Tennessee

Tennessee's major metropolitan areas, extensive highway system, healthcare industry, tourism destinations, manufacturing sector, and diverse geography generate high volumes of personal injury litigation. Common case types include motor vehicle accidents (particularly on I-40, I-24, I-65, I-75, and I-81), commercial truck accidents (Tennessee is a major crossroads for interstate freight), motorcycle accidents, pedestrian and bicycle accidents (especially in Nashville and Memphis), premises liability (including slip-and-fall and retail injuries), medical malpractice (Nashville is a major healthcare industry hub), product liability, wrongful death, construction accidents, workplace injuries, nursing home abuse, dog bites (Tennessee follows a statutory strict liability rule Tenn. Code § 44-8-413 owner liable for injuries caused by dog running at large), tourism and entertainment injuries (Nashville, Gatlinburg/Pigeon Forge, Dollywood), recreational injuries (Great Smoky Mountains, Tennessee River), boating injuries, school and university injuries, and distracted driving claims (Tennessee enacted enhanced distracted driving penalties effective 2025).

This page provides general legal information about Tennessee personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Tennessee to discuss the specific facts of your case.