Tennessee Personal Injury Laws

Wrongful death actions must be commenced within 1 year of the date of death. The personal representative of the decedent's estate brings the action.

If a person is a minor when the cause of action accrues, the statute is tolled until they reach age 18. They then have 1 year to file.

Tennessee courts apply the discovery rule in cases where the injury could not reasonably have been discovered at the time of the incident. The 1-year period begins running from the date of discovery.

Claims against the state are heard by the Tennessee Claims Commission. Claims must be filed within 1 year of the date the cause of action accrued. The state's liability is capped at $300,000 per claimant and $1,000,000 per occurrence.

Actions for damage to personal or real property have a 3-year statute of limitations.

Non-economic damages (pain and suffering, loss of enjoyment of life, etc.) are capped at $750,000 in most cases. The cap increases to $1,000,000 for catastrophic injuries, which include: spinal cord injury causing paraplegia or quadriplegia, amputation of two or more limbs, third-degree burns covering 40%+ of body, or wrongful death of a parent leaving minor children.

Punitive damages are capped at the greater of $500,000 or 2 times the total compensatory damages awarded. A higher cap of the greater of $500,000 or 3 times compensatory applies in certain cases (e.g., intentional infliction of harm, DUI). Punitive damages require proof by clear and convincing evidence.

Tennessee abolished joint and several liability in most cases. Each defendant is liable only for their proportional share of fault. Exception: defendants who acted intentionally or in concert remain jointly and severally liable.

Failure to wear a seat belt is admissible evidence and may reduce a plaintiff's recovery. However, the reduction for failure to wear a seat belt is specifically limited and cannot be the sole basis for a comparative fault finding.

Tennessee abolished the common law distinctions between invitee, licensee, and trespasser for premises liability. Property owners owe a duty of reasonable care to all lawful visitors.