Personal Injury in Tennessee
Personal injury law lets someone hurt by another's negligence recover compensation. Three Tennessee rules shape almost every case: a strict one-year deadline to file (one of the shortest in the country), a modified comparative-fault system that bars recovery if you're 50% or more at fault, and statutory caps on certain damages. This hub explains those, then links guides for specific accident types.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Tennessee’s filing deadlines are short and unforgiving, and they vary by the type of claim — talk to a Tennessee attorney about your specific situation promptly.
If you’ve been injured by someone else’s negligence in Tennessee, you have just one year from the date of injury to file a personal-injury lawsuit (T.C.A. § 28-3-104) — one of the shortest deadlines in the country. Tennessee uses modified comparative fault with a 50% bar (McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992)), and caps noneconomic damages at $750,000 (rising to $1,000,000 for catastrophic injuries) (T.C.A. § 29-39-102).
How long do I have to file in Tennessee?
Tennessee gives you just one year from the date of injury to file a personal injury lawsuit (T.C.A. § 28-3-104). That’s one of the shortest deadlines in the country (most states allow two or three years), and missing it almost always ends the claim.
| Claim type | Deadline | Statute |
|---|---|---|
| Personal injury | 1 year from injury | T.C.A. § 28-3-104 |
| Property damage | 3 years | T.C.A. § 28-3-105 |
| Wrongful death | 1 year from death | T.C.A. § 28-3-104 |
| Medical malpractice | 1 year (3-year repose) | T.C.A. § 29-26-116 |
| Claim against a government entity (GTLA) | 1 year, with shorter notice for some claims | T.C.A. § 29-20-305 |
A few wrinkles: a discovery rule can delay the start of the clock when an injury isn’t immediately apparent; the clock is generally tolled for minors (who typically get until about age 19); and government-entity claims under the Tennessee Governmental Tort Liability Act (GTLA) have their own timing rules (T.C.A. § 29-20-305). Because the deadline is so short and fact-specific, confirm yours with a lawyer early.
What if I was partly at fault?
Since the Tennessee Supreme Court’s decision in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992), Tennessee uses modified comparative fault:
- You can recover only if your share of fault is less than the other side’s — i.e., below 50% (McIntyre v. Balentine).
- If you’re 50% or more at fault, you recover nothing (McIntyre v. Balentine).
- If you do recover, your award is reduced by your percentage of fault (20% at fault → 20% less).
Are there caps on damages in Tennessee?
Tennessee caps some — not all — damages:
| Damage type | Cap | Statute |
|---|---|---|
| Noneconomic (pain & suffering) — standard | $750,000 per claim | T.C.A. § 29-39-102 |
| Noneconomic — catastrophic injuries | $1,000,000 per claim | T.C.A. § 29-39-102 |
| Punitive | Greater of 2× compensatory or $500,000 | T.C.A. § 29-39-104 |
| Economic (medical bills, lost wages) | Not capped | — |
The Tennessee Supreme Court upheld the noneconomic cap in McClay v. Airport Management Services (2020). Note: Tennessee state courts enforce the punitive cap, but the federal Sixth Circuit (Lindenberg, 2018) held it unconstitutional for federal-court cases — an unsettled split, so treat the punitive cap as contested.
Which guide fits my situation?
Pick your situation below. Each guide covers how Tennessee handles that type of claim, plus the deadlines (T.C.A. § 28-3-104) and fault rules (McIntyre v. Balentine) that apply. To get matched with a local Tennessee personal injury attorney, connect with a lawyer.
Guides
- Tennessee Bus Accident Claims
Bus accident claims in Tennessee depend on who owns the bus. Private carriers are ordinary negligence claims. But claims against a public bus (city transit, a school bus) fall under the Governmental Tort Liability Act (T.C.A. § 29-20-101 et seq.), which has strict deadlines, caps recovery ($300,000 per person / $700,000 per accident), and bars punitive damages.
- Tennessee Car Accident Claims
Tennessee is an at-fault state, so the driver who caused a crash (through their insurer) is responsible for the other party's damages. Claims are ordinary negligence cases governed by the strict one-year filing deadline (T.C.A. § 28-3-104) and modified comparative fault. Drivers must carry at least 25/50/15 liability coverage.
- Tennessee Medical Malpractice (Health Care Liability)
Tennessee calls medical malpractice a 'health care liability action,' and it has strict, distinctive procedural traps: you must give each provider 60 days' written pre-suit notice (T.C.A. § 29-26-121) and file a certificate of good faith with the complaint (§ 29-26-122). The one-year deadline applies, with a three-year statute of repose as the outer limit (§ 29-26-116).
- Tennessee Motorcycle Accident Claims
Motorcycle crash claims in Tennessee are negligence cases under the same one-year deadline and comparative-fault rules as other vehicle accidents. Tennessee has a universal helmet law (T.C.A. § 55-9-302) requiring all riders and passengers to wear a helmet, and how helmet use affects a claim is a fact-specific comparative-fault question.
- Tennessee Nursing Home Abuse & Neglect Claims
Many Tennessee nursing home abuse and neglect claims are classified as 'health care liability actions,' meaning the pre-suit notice (T.C.A. § 29-26-121) and certificate-of-good-faith (§ 29-26-122) requirements may apply. Whether a specific claim falls under those rules is fact-specific, and conduct may also support abuse/neglect theories.
- Tennessee Pedestrian Accident Claims
A pedestrian hurt by a driver's negligence in Tennessee can bring a claim under the same one-year deadline and comparative-fault rules as other accidents. Drivers must yield to pedestrians lawfully in a crosswalk, while pedestrians crossing outside one generally must yield — and a pedestrian's own fault can reduce or, at 50% or more, bar recovery.
- Tennessee Slip and Fall & Premises Liability
In a Tennessee slip-and-fall (premises liability) claim, you must show the property owner created the dangerous condition or had actual or constructive notice of it and failed to fix or warn. Premises liability is largely common law, not a single statute. Comparative fault and the strict one-year deadline both apply.
- Tennessee Truck Accident Claims
A truck crash in Tennessee is still a state negligence claim — same one-year deadline and comparative-fault rules as a car case — but federal FMCSA safety regulations (hours of service, driver qualification, maintenance) layer on top, and there are often multiple defendants: the driver, the trucking company, and sometimes others.
- Tennessee Wrongful Death Claims
Tennessee's wrongful death action (T.C.A. § 20-5-106 et seq.) continues the deceased person's own claim for the benefit of survivors. The right to bring it follows a priority order — surviving spouse, then children or next of kin — and damages include both the decedent's own losses and the pecuniary value of their life to survivors. The one-year deadline generally applies.
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