Tennessee Statute of Limitations: Filing Deadlines by Case Type

Tennessee sets one of the nation's shortest personal injury deadlines at one year under T.C.A. section 28-3-104, while contract claims allow six years under T.C.A. section 28-3-109. Property damage claims carry a three-year limit, and murder or crimes punishable by death or life imprisonment face no filing deadline in Tennessee.

Hurt in Tennessee? If you are still within the deadline above, you can estimate what your injury claim may be worth with our free Tennessee personal injury settlement calculator. It gives an instant range based on your medical costs and Tennessee's fault rule (general information, not legal advice).

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.

The same statute contains an exception that doubles the deadline. Under T.C.A. section 28-3-104(a)(2), the period is two years instead of one when all three of the following are true: criminal charges are brought against a person alleged to have caused or contributed to the injury; the conduct that gives rise to the civil claim is the subject of a criminal prosecution commenced within one year by a law enforcement officer, a district attorney general, or a grand jury; and the injured person sues the party who was prosecuted. This matters most after drunk driving crashes, assaults, and other incidents where a charge follows. The statute directs that the subsection be strictly construed, so the two years applies only when every element is met, and a claim against a party who was not prosecuted still runs on the one-year clock.

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.

The six years is a residual rule. Section 28-3-109(a)(3) reaches actions on contracts "not otherwise expressly provided for," so where another statute sets its own deadline, that deadline controls instead. The most common exception is a contract for the sale of goods, which carries a four-year limitations period under Tennessee's Uniform Commercial Code, T.C.A. section 47-2-725. Parties to a sales contract may agree to shorten that period to as little as one year, but they cannot lengthen it.

Wage and Compensation Claims (3 Years)

Civil actions based on the violation of a federal or state statute that creates monetary liability for personal services, the category that covers statutory unpaid wage, overtime, and minimum wage claims, must be filed within three years under T.C.A. section 28-3-105(3). That three-year period applies only when the statute creating the liability does not fix its own deadline. The three years is tied to the statutory claim itself. A claim for unpaid compensation pleaded as breach of an employment contract is a contract action, and it falls under the six-year period in T.C.A. section 28-3-109(a)(3) instead, so the deadline depends on how the claim arises.

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: regardless of any exceptions to the underlying deadlines, the suit must in any event be filed within six years of the date of injury, and it also cannot 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 of those two is shorter. Injuries to minors must be sued on within one year after the minor reaches the age of majority, if that comes sooner than the other deadlines.

Exceptions exist for asbestos exposure and silicone gel breast implant cases, which are exempt from the repose period.

Workers' Compensation (1 Year)

An injured employee generally has one year to file a petition for benefit determination with the Bureau of Workers' Compensation under T.C.A. section 50-6-203. If the employer never paid benefits, the year runs from the accident. If the employer voluntarily paid benefits within one year of the accident, the year runs from the later of the date of the last authorized treatment or the date the employer stopped paying. The Bureau of Workers' Compensation states the rule the same way.

Claims for death benefits must be filed within one year of the employee's death. A narrow extension applies under T.C.A. section 50-6-203(j): where the employer has paid permanent partial disability benefits in an attempt to settle a claim but no settlement has been approved by a workers' compensation judge, the limitations period is extended two years from the date of the last permanent partial disability payment.

Complete Civil Statute of Limitations Table

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:

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:

Tennessee sets aside the ordinary felony deadlines for the sex offenses listed in T.C.A. section 40-2-101(q)(1) when they are committed against a minor. That list includes rape, aggravated rape, rape of a child, aggravated sexual battery, sexual battery, statutory rape, incest, trafficking for a commercial sex act, and the sexual exploitation of a minor offenses. For those crimes:

• Victim under 13, or victim 13 to 17 who reported before turning 23: prosecution may begin at any time after the offense was committed. There is no deadline.
• Victim 13 to 17 who did not report before turning 23: prosecution may still begin at any time, but a corroboration requirement attaches later on. To start a prosecution more than 25 years after the victim turns 18, the state must offer admissible and credible evidence corroborating the allegations or similar acts by the defendant. For offenses committed on or after July 1, 2025, that corroboration line moves out to 30 years.
• What the 2025 law actually changed: House Bill 973 and Senate Bill 1070, enacted as Public Chapter 291, rewrote T.C.A. section 40-2-101(q)(3)(B) to move the corroboration threshold from 25 years to 30 years for offenses committed on or after July 1, 2025. It did not create a 25-year or 30-year filing deadline, and these offenses do not become time barred when that period passes.
• Which offenses subsection (q) covers: offenses committed on or after July 1, 2019, and offenses committed before that date unless prosecution was already barred because the applicable limitations period had expired before July 1, 2019.
• Other felonies against children: follow the standard felony-class deadlines above (2 to 15 years, based on classification), unless a specific extended-deadline provision applies. Aggravated child abuse, for example, must be charged by the later of 10 years after the child turns 18 or the ordinary felony deadline.

The 2025 act also extended the civil statute of limitations for child sexual abuse. For abuse that occurred on or after July 1, 2025, T.C.A. section 28-3-116(b)(3) gives a survivor the later of 30 years from the date the survivor turns 18, or three years from the time the injury or illness is discovered.

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

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, a person who is under 18 when the cause of action accrues may bring the action after legal rights are restored, but the statute caps how long that can take. The person gets the ordinary limitations period for the claim, "unless it exceeds three (3) years, and in that case within three (3) years from restoration of legal rights."

That cap matters on the longer deadlines listed above. A minor's one-year personal injury claim is due one year after the 18th birthday, because one year does not exceed the cap. A claim carrying a longer period, such as a six-year contract claim, must be filed within three years of the 18th birthday rather than the full six.

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. This exception is narrower than it looks: anyone with court-ordered fiduciary responsibility for the incapacitated person, or anyone with the legal right to sue on that person's behalf, must still file within the standard deadline and cannot rely on this tolling unless they prove by clear and convincing evidence that they did not and could not reasonably have known of the cause of action. That fiduciary limitation applies only to incapacity-based tolling, not to tolling for minors. The statute also provides that nothing in the incapacity subsection "shall affect or toll any statute of repose" (T.C.A. section 28-1-106(c)(4)), so the repose periods described earlier, including the three-year medical malpractice cap and the five-year cap on claims against attorneys and accountants, are not extended by incapacity.

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 Changes

House Bill 973 and Senate Bill 1070, enacted as Public Chapter 291 and effective July 1, 2025, changed two different things. On the criminal side, the act amended T.C.A. section 40-2-101(q)(3)(B) so that for offenses committed on or after July 1, 2025, the state must offer corroborating evidence only once a prosecution begins more than 30 years after the victim turns 18, up from 25 years. That is a proof requirement, not a filing deadline: the offenses covered by subsection (q) can still be prosecuted at any time. On the civil side, the act added T.C.A. section 28-3-116(b)(3), giving a survivor of abuse occurring on or after July 1, 2025, the later of 30 years from turning 18 or three years from discovery of the injury.

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

• Tennessee Car Accident Laws
• Tennessee Dog Bite Laws
• Tennessee Expungement Laws
• Tennessee Slip and Fall Laws
• Tennessee Workers Compensation Laws

Frequently Asked Questions

How long do you have to file a personal injury lawsuit in Tennessee?

You have one year from the date of the injury to file a personal injury lawsuit in Tennessee. This is set by T.C.A. section 28-3-104(a)(1) and applies to car accidents, slip-and-fall injuries, assault, and most other cases involving bodily harm. There is an exception: under T.C.A. section 28-3-104(a)(2) the period is two years if criminal charges are brought against the person alleged to have caused the injury, the prosecution was commenced within one year by a law enforcement officer, a district attorney general, or a grand jury, and the injured person sues the party who was prosecuted.

Is there a statute of limitations on murder in Tennessee?

There is no statute of limitations for [first-degree murder](/difference-between-first-degree-second-and-third-degree) or any crime punishable by death or life imprisonment. Since July 1, 2019, second-degree murder also has no filing deadline for offenses committed on or after that date. Second-degree murders committed before July 1, 2019, still have a 15-year statute of limitations.

What is the statute of limitations for breach of contract in Tennessee?

Both written and oral contract claims have a six-year statute of limitations under T.C.A. section 28-3-109(a)(3). The clock starts on the date of the breach. Tennessee does not distinguish between written and oral contracts for statute of limitations purposes. The six years covers contracts not otherwise expressly provided for, so another statute can control: a contract for the sale of goods carries a four-year deadline under T.C.A. section 47-2-725.

Can the statute of limitations be extended or paused in Tennessee?

Yes. Tennessee law tolls (pauses) the statute of limitations in several situations: when the plaintiff is under 18 years old, when a person has been adjudicated incompetent or lacks capacity, when the defendant has left the state, and when the defendant has actively concealed the cause of action through fraud. For minors and people who lack capacity, T.C.A. section 28-1-106 caps the extension: after legal rights are restored they get the ordinary period for the claim, but no more than three years. Tolling for incapacity does not extend a statute of repose.

What happens if you file a lawsuit after the statute of limitations expires in Tennessee?

If you file after the deadline, the defendant can raise the expired statute of limitations as an affirmative defense and ask the court to dismiss the case. Tennessee courts will almost always grant dismissal in these situations. Once dismissed on statute of limitations grounds, the claim is lost permanently and cannot be refiled.