⚠ Tennessee’s 1-year deadline is the shortest in the region
Under Tennessee Code §28-3-104, you have just one year from the date of your accident to file a personal injury lawsuit. This is half the time most states allow. Insurance negotiations do not pause this clock. If you are still negotiating when the year expires, your right to sue is gone — permanently.
Tennessee law & your rights
What Tennessee Law Means For Your Claim
At-Fault State (Tort-Based)
Tennessee is not a no-fault state. The driver responsible for the accident — through their insurance — is liable for your medical bills, lost wages, pain and suffering, and property damage. You are not limited to your own policy.
1-Year Statute of Limitations
Under Tenn. Code §28-3-104, you have just one year from the accident date to file a personal injury lawsuit — one of the shortest deadlines in the U.S. Property damage claims have three years. Ongoing insurance negotiations do NOT pause this clock.
Modified Comparative Fault — 50% Rule
Tennessee follows modified comparative negligence. You can recover damages only if you are less than 50% at fault. Your award is reduced by your fault percentage. At exactly 50% or above, recovery is barred. Insurers actively try to push your fault to 50%+.
Non-Economic Damage Caps
Tennessee caps non-economic damages (pain and suffering) at $750,000 per plaintiff (Tenn. Code §29-39-102). For catastrophic injuries — spinal cord injuries or paralysis — the cap rises to $1,000,000. Economic damages like medical bills and lost wages are not capped.
After the accident
Steps to Protect Your Tennessee Claim
1
Act immediately — you have 1 yearTennessee’s statute of limitations is just one year from the accident date (Tenn. Code §28-3-104). Do not wait on insurance negotiations — the clock does not stop for settlements in progress.
2
Seek medical attention right awayEven if you feel fine, see a doctor. Soft tissue injuries and TBIs have delayed symptoms. A prompt medical record is essential evidence for your claim.
3
Report the accident properlyUnder Tenn. Code §55-12-104, you must file a written accident report with the Tennessee Department of Safety within 20 days if the accident resulted in property damage over $1,500 or government property damage over $400.
4
Do NOT give a recorded statementNotify your insurer, but do not provide a recorded statement to the other driver’s insurer. Tennessee’s 50% bar means insurers will try to push your fault percentage to 50% or above to eliminate your recovery.
5
Connect with a Tennessee attorney nowWith only one year, this is the most time-sensitive situation. Even if you are still negotiating, consult an attorney immediately to ensure your lawsuit is filed before the deadline if negotiations fail.
What you can recover
Compensation You May Be Owed
Medical bills & future treatment costs
Lost wages & lost earning capacity
Pain & suffering (capped at $750K, $1M for catastrophic injuries)
Vehicle & property damage
Why us
What Sets Us Apart
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Tennessee Attorney Network
We connect you with licensed Tennessee personal injury attorneys who know the 1-year deadline and how to protect your claim before it expires.
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Common questions
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Tennessee?
Just one year from the date of the accident under Tenn. Code §28-3-104 — one of the shortest in the country. Property damage claims have three years. Ongoing insurance negotiations do not pause this clock.
What is Tennessee’s 50% rule and how does it affect my claim?
Tennessee uses modified comparative fault. You can recover damages only if you are less than 50% at fault. At exactly 50% or above, you recover nothing. Your award is reduced proportionally by your fault percentage below 50%.
Are there caps on how much I can recover in Tennessee?
Yes — non-economic damages like pain and suffering are capped at $750,000 per plaintiff (Tenn. Code §29-39-102). For catastrophic injuries such as paralysis, the cap rises to $1,000,000. Economic damages like medical bills and lost wages are not capped.
What if the other driver was uninsured?
We handle uninsured and underinsured motorist cases. An attorney can identify all available recovery options including your own UM/UIM coverage.
Is there any cost to submit my claim?
None. Our service is free. Tennessee personal injury attorneys in our network work on contingency — they only get paid if you win your case.
Tennessee’s 1-Year Clock Expires Fast
You may have less time than you think. Get a Tennessee attorney reviewing your case today — at zero cost.
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