Tennessee Statute of Limitations: Filing Deadlines by Case Type

What Is a Statute of Limitations in Tennessee?
A statute of limitations is a law that sets the maximum amount of time a person has to file a lawsuit or criminal charge after an event occurs. In Tennessee, these deadlines vary based on the type of case. Civil cases follow the rules in Tennessee Code Title 28, while criminal cases fall under Title 40, Chapter 2.
If you miss the filing deadline, the court will almost certainly dismiss your case. The opposing party can raise the expired statute of limitations as a defense, and any legal claim you had will be lost permanently. That is why understanding these deadlines is critical for anyone involved in a legal dispute in Tennessee.
Tennessee has some of the shortest civil filing deadlines in the country, particularly for personal injury cases. The sections below cover every major civil and criminal category.
Tennessee Civil Statute of Limitations
Tennessee civil statutes of limitations set strict deadlines for filing lawsuits. These time limits range from 6 months to 10 years depending on the type of claim. The clock generally starts on the date of the incident, though Tennessee does recognize a discovery rule for certain claims where the injury was not immediately apparent.
Personal Injury (1 Year)
Tennessee gives you just one year to file a personal injury lawsuit. This applies to car accidents, slip-and-fall injuries, assault, battery, and most other cases involving bodily harm. The one-year period is set by T.C.A. section 28-3-104(a)(1).
This is one of the shortest personal injury deadlines in the United States. Most states allow two or three years. If you are injured in Tennessee, acting quickly to preserve your legal rights is essential.
Wrongful Death (1 Year)
Wrongful death claims in Tennessee also carry a one-year statute of limitations under T.C.A. section 28-3-104. The one-year period runs from the date of the injury that caused the death, not necessarily from the date of death itself. This distinction matters in cases where the victim survives for days, weeks, or months after the initial injury.
Libel and Slander (Defamation)
Tennessee treats libel (written defamation) and slander (spoken defamation) differently for statute of limitations purposes:
- Libel: 1 year from publication under T.C.A. section 28-3-104
- Slander: 6 months from when the words are spoken under T.C.A. section 28-3-103
The 6-month deadline for slander is among the shortest filing periods in Tennessee civil law.
Property Damage (3 Years)
Claims for damage to personal or real property must be filed within three years. This includes damage to vehicles, homes, land, and personal belongings. The same three-year deadline applies to the detention or conversion (unauthorized taking) of personal property. These deadlines are found in T.C.A. section 28-3-105.
Trespass (3 Years)
Trespass actions fall under the same three-year property tort deadline in T.C.A. section 28-3-105. Whether someone physically entered your land without permission or caused damage to your property, you have three years from the date of the trespass to file suit.
Fraud (3 Years)
Civil fraud claims in Tennessee must be filed within three years of discovering the fraud. Tennessee applies a discovery rule to fraud cases, recognizing that fraudulent conduct is often concealed. The clock starts when you knew or should have known about the fraud, not when the fraud actually occurred.
Contracts (6 Years)
Tennessee provides a six-year statute of limitations for breach of contract claims under T.C.A. section 28-3-109. This applies to both written and oral contracts. Tennessee does not distinguish between the two for limitations purposes, giving both a full six years from the date of the breach.
The six-year period also covers actions to collect rent, recover debts on account, and claims for official misconduct by public officers.
Wage and Compensation Claims (3 Years)
Actions for unpaid wages, overtime, minimum wage, salary, bonuses, commissions, or other compensation owed to an employee or independent contractor must be filed within three years under T.C.A. section 28-3-105. This includes breach of contract and unjust enrichment claims related to unpaid wages.
Collection of Debt on Account (6 Years)
Lawsuits to collect a debt on an account must be filed within six years unless another statute specifically provides a different deadline.
Judgments (10 Years)
Judgments and decrees from courts of record must be enforced within 10 years under T.C.A. section 28-3-110. However, Tennessee law provides two exceptions where no time limit applies:
- Criminal conduct judgments: A civil judgment entered on or after July 1, 2014, for injury or death resulting from the judgment debtor's criminal conduct has no expiration, provided the debtor was convicted of the offense.
- Domestic relations judgments: Court orders in domestic relations matters have no time limit for enforcement unless another statute specifically says otherwise.
Medical Malpractice (1 Year, 3-Year Cap)
Medical malpractice lawsuits must be filed within one year of the injury under T.C.A. section 29-26-116. If you did not discover the injury right away, you have one year from the date of discovery. However, no medical malpractice case can be filed more than three years after the negligent act or omission occurred. This three-year cap is known as a statute of repose.
Two exceptions exist:
- Fraudulent concealment: If the healthcare provider actively concealed the malpractice, the deadline extends to one year after discovery.
- Foreign objects: If a foreign object was negligently left inside a patient, the lawsuit must be filed within one year after the object is or should have been discovered, with no three-year cap.
Professional Malpractice: Attorneys and CPAs (1 Year)
Claims against licensed attorneys and certified public accountants for malpractice must be filed within one year under T.C.A. section 28-3-104. An absolute five-year statute of repose applies from the date of the act or omission, unless the professional fraudulently concealed the wrongdoing.
Product Liability (1 Year, With Repose Period)
Product liability claims against manufacturers or sellers must follow the general one-year personal injury deadline. Tennessee also imposes a statute of repose under T.C.A. section 29-28-103: no product liability suit can be filed more than 10 years after the product was first purchased for use or consumption, or 1 year after the anticipated life of the product expires, whichever is shorter.
Exceptions exist for asbestos exposure and silicone gel breast implant cases, which are exempt from the repose period.
Workers' Compensation (1 Year)
Workers' compensation claims for death benefits must be filed within one year of the employee's death under T.C.A. section 50-6-203. For permanent partial disability claims where the employer has paid benefits but no settlement has been reached, the deadline extends to two years from the date of the last benefit payment.
Complete Civil Statute of Limitations Table
| Type of Civil Case | Time Limit | Statute |
|---|---|---|
| Personal Injury | 1 year | T.C.A. section 28-3-104(a)(1) |
| Wrongful Death | 1 year | T.C.A. section 28-3-104 |
| Slander | 6 months | T.C.A. section 28-3-103 |
| Libel | 1 year | T.C.A. section 28-3-104 |
| Property Damage | 3 years | T.C.A. section 28-3-105 |
| Trespass | 3 years | T.C.A. section 28-3-105 |
| Fraud | 3 years (from discovery) | Discovery rule |
| Wage Claims | 3 years | T.C.A. section 28-3-105 |
| Contracts (Written and Oral) | 6 years | T.C.A. section 28-3-109 |
| Debt Collection | 6 years | T.C.A. section 28-3-109 |
| Collection of Rent | 6 years | T.C.A. section 28-3-109 |
| Medical Malpractice | 1 year (3-year repose) | T.C.A. section 29-26-116 |
| Attorney/CPA Malpractice | 1 year (5-year repose) | T.C.A. section 28-3-104 |
| Product Liability | 1 year (10-year repose) | T.C.A. section 29-28-103 |
| Workers' Compensation (Death) | 1 year | T.C.A. section 50-6-203 |
| Judgments | 10 years | T.C.A. section 28-3-110 |
Tennessee Criminal Statute of Limitations
Tennessee's criminal statute of limitations sets time limits on when the state can file criminal charges. The deadlines vary by the classification of the offense. These rules are found primarily in T.C.A. section 40-2-101 for felonies and T.C.A. section 40-2-102 for misdemeanors.
Crimes With No Statute of Limitations
Certain serious crimes in Tennessee can be prosecuted at any time, with no filing deadline:
- First-degree murder and any crime punishable by death or life imprisonment
- Second-degree murder committed on or after July 1, 2019 (prior to that date, the 15-year Class A felony deadline applied)
The 2019 change to remove the statute of limitations for second-degree murder brought Tennessee in line with 48 other states. Before the change, the 15-year deadline had prevented prosecutors from pursuing some homicide cold cases.
Felony Statutes of Limitations by Class
Tennessee classifies felonies into five classes (A through E), each with its own prosecution deadline:
| Felony Class | Time Limit | Examples |
|---|---|---|
| Class A Felony | 15 years | Aggravated robbery, especially aggravated kidnapping |
| Class B Felony | 8 years | Aggravated assault, voluntary manslaughter |
| Class C Felony | 4 years | Theft over $10,000, aggravated burglary |
| Class D Felony | 4 years | Theft over $2,500, reckless aggravated assault |
| Class E Felony | 2 years | Theft over $1,000, forgery |
Special Criminal Deadlines
Several categories of felonies carry their own unique deadlines regardless of their felony classification:
- Arson: 8 years from the date of the offense
- Defrauding the state, tax evasion, filing a fraudulent return: 6 years
- Destruction or tampering with governmental records (committed on or after July 1, 2023): 6 years
- Official misconduct (committed on or after July 1, 2023): 6 years
Crimes Against Children
Tennessee takes crimes against children seriously and provides extended prosecution windows:
- Child sexual abuse felonies (committed on or after July 1, 2025): Prosecution must begin within 30 years after the child turns 18, giving prosecutors until the victim turns 48. This was extended from 25 years by HB 973/SB 1070, signed into law in 2025.
- Child sexual abuse felonies (committed before July 1, 2025): The prior 25-year deadline from the child's 18th birthday applies.
- Other felonies against children: 4 years after the offense, or after the child reaches adulthood, whichever is later.
The 2025 expansion also extended the civil statute of limitations for child sexual abuse to 30 years after the survivor turns 18, with a three-year discovery period for survivors who later realize the abuse caused them harm.
Misdemeanors
Under T.C.A. section 40-2-102:
- Most misdemeanors: 12 months (1 year) from the date of the offense
- Gaming offenses: 6 months from the date of the offense
Complete Criminal Statute of Limitations Table
| Crime Category | Time Limit | Statute |
|---|---|---|
| Murder / Death or Life Imprisonment | No limit | T.C.A. section 40-2-101 |
| Second-Degree Murder (on/after 7/1/2019) | No limit | T.C.A. section 40-2-101 |
| Class A Felony | 15 years | T.C.A. section 40-2-101 |
| Class B Felony | 8 years | T.C.A. section 40-2-101 |
| Class C Felony | 4 years | T.C.A. section 40-2-101 |
| Class D Felony | 4 years | T.C.A. section 40-2-101 |
| Class E Felony | 2 years | T.C.A. section 40-2-101 |
| Arson | 8 years | T.C.A. section 40-2-101 |
| Tax Fraud / Defrauding the State | 6 years | T.C.A. section 40-2-101 |
| Child Sexual Abuse (on/after 7/1/2025) | 30 years after victim turns 18 | HB 973 (2025) |
| Child Sexual Abuse (before 7/1/2025) | 25 years after victim turns 18 | T.C.A. section 40-2-101 |
| Other Felonies Against Children | 4 years or until adulthood | T.C.A. section 40-2-101 |
| Most Misdemeanors | 1 year | T.C.A. section 40-2-102 |
| Gaming Misdemeanors | 6 months | T.C.A. section 40-2-102 |
When Does the Clock Start in Tennessee?
For most civil cases, the statute of limitations begins on the date the injury or breach occurs. However, Tennessee recognizes several situations where the start date shifts.
The Discovery Rule
When an injury is not immediately apparent, Tennessee courts may apply the discovery rule. Under this approach, the clock starts when the plaintiff knew or reasonably should have known about the injury. This rule commonly applies in:
- Medical malpractice cases
- Fraud claims
- Product liability claims involving latent defects
Criminal Cases
For criminal prosecutions, the clock generally starts on the date the crime was committed. The statute is tolled (paused) when the accused is absent from the state or when the crime is being actively concealed.
Tolling the Statute of Limitations in Tennessee
Tolling pauses the statute of limitations clock under specific circumstances. Tennessee law recognizes several tolling scenarios.
Minority (Under 18)
Under T.C.A. section 28-1-106, if the person who has the right to bring a lawsuit is under 18 years old when the cause of action accrues, the statute of limitations does not begin to run until the person reaches 18. However, any person with court-ordered fiduciary responsibility for the minor must file within the standard deadline and cannot rely on tolling unless they prove by clear and convincing evidence that they did not and could not have known about the cause of action.
Incompetency or Lack of Capacity
If a person has been adjudicated incompetent or lacks the capacity to manage their own affairs, the statute of limitations is tolled until the disability is removed. The same requirements for fiduciaries apply as with minors.
Defendant Absent From the State
In both civil and criminal cases, if the defendant leaves Tennessee, the time they are absent from the state does not count toward the statute of limitations. This prevents people from avoiding lawsuits or prosecution simply by leaving the state.
Fraudulent Concealment
When a defendant actively conceals the cause of action or fails to disclose material facts they had a duty to share, the statute of limitations may be tolled. This applies in both civil and criminal contexts.
Recent Changes to Tennessee Statute of Limitations Laws
Tennessee has made several notable changes to its statute of limitations laws in recent years:
2025: Child Sexual Abuse Extension
House Bill 973, signed into law in 2025, extended both the criminal and civil statutes of limitations for child sexual abuse. Criminal prosecution deadlines went from 25 years to 30 years after the victim turns 18. The civil filing deadline was also extended to 30 years after the survivor turns 18, with a three-year discovery period. This law applies to offenses committed on or after July 1, 2025.
2025: Post-Conviction Relief Expansion
Public Chapter 282 (Senate Bill 0256/House Bill 0601), effective April 24, 2025, expanded the writ of error coram nobis. Defendants can now challenge guilty pleas, best-interest pleas, and no-contest pleas when newly discovered evidence emerges.
2019: Second-Degree Murder
Effective July 1, 2019, Tennessee eliminated the statute of limitations for second-degree murder. Previously classified as a Class A felony with a 15-year deadline, second-degree murder can now be prosecuted at any time if the offense occurred on or after that date.
More Tennessee Laws
- Murder Sentencing Guidelines - Minimum to Maximum for Every State (2026)
- Tennessee Car Seat Laws
- Tennessee Child Support Laws
- Tennessee Hit and Run Laws (2026 Guide)
- Tennessee Lemon Law: Complete Guide for 2026
- Tennessee Recording Laws
- Tennessee Sexting Laws (2026 Guide)
- Tennessee Whistleblower Laws
Sources and References
- T.C.A. Section 28-3-104 - Personal Tort Actions(law.justia.com)
- T.C.A. Section 28-3-103 - Slander Actions(law.justia.com)
- T.C.A. Section 28-3-105 - Property Tort Actions(law.justia.com)
- T.C.A. Section 28-3-109 - Contracts Not Otherwise Covered(law.justia.com)
- T.C.A. Section 28-3-110 - Judgments(law.justia.com)
- T.C.A. Section 29-26-116 - Medical Malpractice Statute of Limitations(law.justia.com)
- T.C.A. Section 29-28-103 - Product Liability Limitation of Actions(law.justia.com)
- T.C.A. Section 50-6-203 - Workers Compensation Limitation(law.justia.com)
- T.C.A. Section 40-2-101 - Felony Statute of Limitations(law.justia.com)
- T.C.A. Section 40-2-102 - Misdemeanor Statute of Limitations(law.justia.com)
- T.C.A. Section 28-1-106 - Tolling for Minors and Incompetent Persons(law.justia.com)
- Tennessee Criminal Statutes of Limitations - TACIR Report(tn.gov).gov
- HB 973 - Child Sexual Abuse Statute of Limitations Extension (2025)(trackbill.com)
- Tennessee Code Title 28 - Limitation of Actions(law.justia.com)
- Tennessee Code Title 40, Chapter 2 - Limitation of Prosecutions(law.justia.com)