Filing deadlines are a fundamental aspect of civil lawsuits in Tennessee. The state’s statutes of limitations establish precise time limits for initiating legal claims. Overlooking these deadlines results in the forfeiture of the right to sue, regardless of the case’s merits.
These timeframes vary depending on the nature of the dispute—whether it involves financial disagreements, personal harm, or property issues. Specific rules govern each type of case, and certain exceptions may alter these standard deadlines. This overview examines how these statutes apply to various civil claims in Tennessee.
General Civil Actions
Tennessee law sets forth various time limits, or statutes of limitations, for filing civil lawsuits, with these periods differing based on the claim’s specifics. For civil actions lacking an explicitly assigned limitation period elsewhere in the statutes, a general ten-year catch-all provision applies, as outlined in Tennessee Code Annotated Section 28-3-110.1Justia US Law. Tennessee Code § 28-3-110 (2024) – Actions Not Otherwise Covered This decade-long window covers actions on judgments from courts of record.
Shorter, specific limitation periods also exist. Claims for statutory penalties must be brought within one year. Actions for slander, involving spoken defamatory statements, have a six-month deadline.
Certain federal civil rights actions, particularly some job discrimination claims, have a specific four-year statute of limitations. This updates previous interpretations that applied a one-year state limit.
Contract Disputes
Disagreements arising from broken agreements are subject to specific timeframes for legal action in Tennessee. For many common contract disputes, Tennessee Code Annotated Section 28-3-109 establishes a six-year statute of limitations.2Justia US Law. Tennessee Code § 28-3-109 (2024) – Contracts Not Otherwise Covered This period commences when the breach of contract occurs, such as failure to pay a debt or deliver promised goods or services.
Contracts for the sale of goods operate under rules outlined in Tennessee’s adoption of the Uniform Commercial Code. According to Tennessee Code Annotated Section 47-2-725, lawsuits for breach of a sales contract must be filed within four years from when the cause of action accrues.3FindLaw. Tennessee Code § 47-2-725 – Statute of Limitations in Contracts for Sale This means when the breach itself happens, regardless of the aggrieved party’s awareness. For breach of warranty, the clock starts at delivery, unless the warranty covers future performance. In that case, it starts upon discovery of the breach. Parties may agree to shorten this period to no less than one year but cannot extend it.
Personal Injury Claims
Tennessee law mandates a specific timeframe for lawsuits seeking compensation when an individual is harmed by another’s actions or negligence. For most personal injury cases, including those arising from car accidents or slip-and-fall incidents, Tennessee Code Annotated Section 28-3-104 requires that legal action for injuries to the person begin within one year after the cause of action accrues.4Justia US Law. Tennessee Code § 28-3-104 (2024) – Personal Tort Actions This accrual date is when the injury occurs or when it reasonably should have been discovered.
This one-year limitation under Section 28-3-104 also applies to claims such as libel (written defamation), false imprisonment, and malicious prosecution.
Medical malpractice claims, a specific area of personal injury law, are governed by Tennessee Code Annotated Section 29-26-116.5Justia US Law. Tennessee Code § 29-26-116 (2024) – Medical Malpractice Statute of Limitations This statute sets a one-year limit from when the injury is, or reasonably should have been, discovered. Additionally, an absolute three-year statute of repose applies from the date of the negligent act or omission, meaning no action can be brought after this period, regardless of discovery. An exception exists for fraudulent concealment by the defendant, which allows a claim to be filed within one year of discovering the cause of action. Wrongful death claims also have a one-year statute of limitations, accruing from the date of death.
Property-Related Cases
Disputes over real or personal property in Tennessee are governed by specific statutes of limitations. For most cases involving damage to real or personal property, or for the wrongful detention or conversion of personal property, Tennessee Code Annotated Section 28-3-105 sets a three-year deadline for filing a lawsuit.6Justia US Law. Tennessee Code § 28-3-105 (2024) – Property Tort Actions and Statutory Liabilities This period begins when the damage or wrongful act occurs, or when it reasonably should have been discovered.
Adverse possession rules allow a person to gain legal rights to another’s land through extended occupation under specific conditions, often requiring seven years of possession. For example, seven years of adverse possession under specific conditions, such as having a document appearing to grant ownership, can result in legal title.7FindLaw. Tennessee Code § 28-2-101 – Adverse Possession With Color of Title (7 Years) Successful adverse possession claims require the possession to be:
- Actual
- Exclusive
- Open
- Visible
- Notorious
- Continuous
- Hostile
Tennessee also has a statute of repose for improvements to real property, limiting actions for deficiencies in design, planning, or construction. Tennessee Code Annotated Section 28-3-202 requires such actions—for property damage, personal injury, or wrongful death—to be filed within four years of the improvement’s substantial completion.8Justia US Law. Tennessee Code § 28-3-202 (2024) – Limitation on Actions for Defective Improvements to Real Property If an injury occurs during the fourth year after substantial completion, an action may be brought within one year of the injury, but no more than five years after substantial completion. Substantial completion means the owner can use the improvement as intended.
The interplay of these statutes can be complex. For instance, a breach of contract claim has a six-year limit, but if the main issue is property damage, the three-year limit for property damage might apply instead.
Tolling Rules
Although statutes of limitations set firm deadlines, certain circumstances can pause, or toll, these time limits, recognizing situations where a plaintiff might be unable to file a claim promptly. One such basis is the plaintiff’s legal capacity. Under Tennessee Code Annotated Section 28-1-106, if an individual is under eighteen or of unsound mind when their cause of action arises, the statute of limitations is tolled until this disability is removed.9Justia US Law. Tennessee Code § 28-1-106 (2024) – Tolling for Minors or Persons of Unsound Mind For instance, a minor has the full statutory period to file suit after reaching age eighteen.
Tolling can also occur due to a defendant’s conduct. If a defendant fraudulently conceals a cause of action, the statute of limitations may be paused until the plaintiff discovers, or reasonably should have discovered, the claim. This requires an affirmative act of deception by the defendant or a failure to disclose important facts when there is a duty to do so.
A defendant’s absence from Tennessee or self-concealment to evade service of process can also toll the statute of limitations. The time of such absence or concealment is not counted against the plaintiff. However, the application of this rule may be affected by long-arm statutes that permit service on out-of-state defendants.
If an initial lawsuit is dismissed on grounds that do not resolve the plaintiff’s underlying right of action (for example, for procedural reasons like improper venue rather than on the merits), the Tennessee saving statute, Tennessee Code Annotated Section 28-1-105, may offer relief.10Justia US Law. Tennessee Code § 28-1-105 (2024) – New Action After Adverse Decision (Saving Statute) This provision allows a plaintiff to refile the action within one year of such a dismissal or after a voluntary dismissal. However, this statute has specific requirements and does not apply to all dismissals, such as those for failure to prosecute.