A statute of limitations is a law that establishes a time limit for filing a lawsuit. In Tennessee, these laws apply to civil cases and are intended to promote fairness by preventing the filing of old claims where evidence may be lost and memories have faded. If you believe you have a basis for a civil lawsuit, you must file your claim before this legal deadline expires.
Key Statute of Limitations Periods in Tennessee Civil Cases
Tennessee law sets different deadlines for filing lawsuits depending on the nature of the claim. For many common civil actions, including personal injury, wrongful death, and product liability, the statute of limitations is one year from the date of the injury or death. Cases involving libel, which is written defamation, also have a one-year time limit.1Justia. Tennessee Code § 28-3-104 (2024) – Personal Tort Actions
Other civil claims have longer periods.
- Six years for disputes involving both written and oral contracts.2Justia. Tennessee Code § 28-3-109 (2024) – Contracts Not Otherwise Covered
- Four years for lawsuits over contracts for the sale of goods.
- Three years for damage to personal or real property.
- Six months for slander, which is spoken defamation.
Claims for defective construction that result in property damage are governed by the three-year statute of limitations for property damage, not the six-year contract period.
Medical malpractice claims also fall under a one-year statute of limitations.3Justia. Tennessee Code § 29-26-116 (2024) – Statute of Limitations This same law includes a “discovery rule” and an absolute deadline, known as a statute of repose, which are discussed in later sections.
Determining When the Clock Starts for Your Civil Claim
The start date for a statute of limitations begins when a legal claim “accrues,” which for most cases is when the injury or damage happens. Tennessee law, however, recognizes the “discovery rule,” which can delay the start of the limitations period. The discovery rule states that the clock does not begin to run until the person knew, or through reasonable care should have known, that they suffered an injury caused by someone else’s wrongful act.
This rule is relevant in situations where the harm is not immediately obvious. For instance, in a medical malpractice case, a patient might not discover a surgical instrument was left inside them until long after the procedure. Under the discovery rule, the one-year statute of limitations would not start until the patient discovered the object, not the date of the surgery.
Similarly, in cases of fraud, the deadline may be postponed until the fraudulent activity is uncovered. The purpose of the discovery rule is to prevent a claim from expiring before the injured party has a fair opportunity to realize they have a legal claim.
Factors That Can Change the Filing Deadline
In certain circumstances, the law allows for the statute of limitations to be paused or “tolled.” This means the clock stops running for a period and then resumes, extending the time available to file a lawsuit. One common reason for tolling in Tennessee is when the injured person is a minor (under 18), as the deadline is tolled until the minor reaches the age of majority.
Another basis for tolling is if the plaintiff has been “adjudicated incompetent” at the time the injury occurred, meaning a court has formally determined the person lacks the mental capacity to manage their own affairs. In such cases, the clock may be paused until the individual’s competency is restored.
Fraudulent concealment by the defendant can also toll the statute of limitations. If the person who caused the harm takes active steps to hide their wrongdoing and prevent the injured party from discovering the claim, the deadline may be suspended. The clock would only begin to run once the fraud is discovered.
Consequences of Filing a Civil Lawsuit After the Deadline
Filing a lawsuit after the statute of limitations has expired has significant consequences. If a claim is filed late, the defendant can raise the statute of limitations as an “affirmative defense.” This asks the court to dismiss the case on the grounds that the plaintiff waited too long to file, not based on the merits of the injury or damages.
Once the defendant asserts this defense, the court will dismiss the lawsuit. This dismissal means the plaintiff permanently loses the right to sue for that specific claim and cannot recover any damages or other legal relief.
The court does not automatically enforce this deadline; the defendant must actively raise the issue in their response to the lawsuit. Adherence to the statutory deadline is a requirement for anyone seeking to pursue a civil claim in Tennessee.
Understanding Statutes of Repose in Tennessee
Distinct from a statute of limitations, a statute of repose creates an absolute deadline for filing a lawsuit that is not subject to the discovery rule. While a statute of limitations begins when an injury is discovered, a statute of repose starts from a specific event, such as the completion of a project or the date a product was first sold. This means a statute of repose can expire and bar a claim even before an injury has occurred.
In Tennessee, claims related to deficient design or construction of improvements to real property are subject to a four-year statute of repose. This period begins on the date of “substantial completion” of the project. A separate provision allows for a one-year extension to file a claim if the injury occurs during the fourth year after completion.
Product liability cases also have a statute of repose. A claim must be filed within six years of the date of injury, but it must also be filed within ten years from the date the product was first purchased for use. Medical malpractice claims are subject to a three-year statute of repose, meaning no action can be brought more than three years after the negligent act occurred, with a narrow exception for fraudulent concealment.