Tennessee Statutes of Limitations for Civil Cases

Understanding statutes of limitations is crucial for both plaintiffs pursuing claims and defendants evaluating exposure. Tennessee's limitation periods vary significantly by cause of action, and missing a deadline can result in permanent loss of your right to sue. This guide provides the specific time periods, statute citations, and practical guidance you need.

Personal Injury

Time Period: 1 year

Statute Citation: Tenn. Code Ann. § 28-3-104(a)

When the Clock Starts: The statute begins to run on the date of injury, when the plaintiff knows or reasonably should know of the injury.

Personal injury cases encompass bodily harm claims from negligence, slip-and-fall accidents, automobile collisions, and similar incidents. Tennessee's one-year window is notably shorter than many states, making prompt action essential. The injury date is straightforward when the harm is immediate and observable. However, complications arise with latent injuries that develop gradually over time.

Breach of Written Contract

Time Period: 6 years

Statute Citation: Tenn. Code Ann. § 28-3-109

When the Clock Starts: The statute begins to run on the date of breach, not when the contract was signed. For ongoing obligations, each missed payment or performance triggers a new limitations period.

Written contracts receive enhanced protection under Tennessee law compared to personal injury claims. This extended window recognizes that contract disputes often involve complex commercial relationships. For installment contracts—such as promissory notes or lease agreements—the statute of limitations resets with each breach, meaning a creditor can potentially pursue collection on the most recent payment indefinitely if payments are sporadic.

Breach of Oral Contract

Time Period: 4 years

Statute Citation: Tenn. Code Ann. § 28-3-110

When the Clock Starts: The statute begins to run on the date of breach.

Oral contracts receive shorter protection than written agreements under the Statute of Frauds principle. The four-year period provides adequate time for litigation while recognizing the evidentiary challenges of proving an oral agreement. Like written contracts, the clock resets with each new breach in ongoing performance obligations.

Fraud

Time Period: 6 years, BUT discovery rule applies

Statute Citation: Tenn. Code Ann. § 28-3-113

When the Clock Starts: The statute begins to run when the plaintiff discovers, or with reasonable diligence should have discovered, the fraudulent conduct. This is critical: the limitations period does not start simply upon the fraudulent act—it starts upon discovery.

Tennessee applies the discovery rule to fraud claims, which means the statute of limitations can begin much later than the actual deception. For example, if a business partner misrepresents financial statements in 2020 but the fraud isn't discovered until 2023, the clock starts in 2023, not 2020. This doctrine recognizes that fraud is inherently concealed and victims cannot be expected to discover deception immediately.

Property Damage

Time Period: 3 years

Statute Citation: Tenn. Code Ann. § 28-3-105

When the Clock Starts: The statute begins to run on the date the damage occurs or is discovered, whichever is later.

Property damage claims—such as those arising from vehicle collisions, water damage, or vandalism—follow a three-year limitation period. Like personal injury claims, the key date is usually when the damage is apparent, though latent defects may trigger the discovery rule. This applies to real property, personal property, and chattels.

Medical Malpractice

Time Period: 1 year from discovery (with absolute outside deadline)

Statute Citation: Tenn. Code Ann. § 29-26-116

When the Clock Starts: The statute begins to run when the plaintiff discovers, or reasonably should have discovered through the exercise of reasonable diligence, that an injury was caused by the healthcare provider's negligence.

Repose Period (Absolute Deadline): No claim may be brought more than 3 years after the date of the negligent act, regardless of when discovery occurred. This is a hard deadline with extremely limited exceptions.

Medical malpractice in Tennessee presents unique challenges. The discovery rule provides flexibility—if a patient doesn't realize surgery resulted in a retained foreign object until examination years later, the one-year clock starts then. However, the three-year absolute repose period acts as a backstop. This creates a tension: you have one year from discovery to file, but you cannot file at all if more than three years have passed since the negligent act, even if you just discovered it.

Important Exception: Tenn. Code Ann. § 29-26-116(b) allows limited exceptions to the three-year repose period when the defendant fraudulently concealed the negligence or when a foreign object was left inside the patient's body.

Wrongful Death

Time Period: 1 year

Statute Citation: Tenn. Code Ann. § 28-3-104(a) (applied to wrongful death actions)

When the Clock Starts: The statute begins to run on the date of death.

Wrongful death claims—brought by the decedent's estate or designated beneficiaries—follow the same one-year limitation period as personal injury claims. Tennessee courts have held that the clock starts at death, not when the plaintiff discovers the death or its cause. This makes wrongful death actions subject to the same compressed timeline as other personal injury matters.

Defamation, Libel, and Slander

Time Period: 1 year

Statute Citation: Tenn. Code Ann. § 28-3-104(a)

When the Clock Starts: The statute begins to run on the date of publication or utterance of the defamatory statement.

Defamation claims—whether written (libel) or oral (slander)—carry the one-year limitation period. The key date is publication, not when the plaintiff learns of the statement. This can create hardship for individuals whose reputations are harmed by statements they don't immediately discover. However, each new publication can restart the clock, which is significant for persistent defamatory content online or in repeated media coverage.

Trespass

Time Period: 3 years

Statute Citation: Tenn. Code Ann. § 28-3-105

When the Clock Starts: The statute begins to run on the date the trespass occurs.

Trespass to real property—such as unauthorized entry onto land or wrongful occupation—follows the three-year property damage statute. Each instance of trespass may trigger its own limitations period. Continuing or repeated trespass may have each incident treated separately, allowing claims on recent intrusions even if older ones are barred.

Debt Collection and Promissory Notes

Time Period: 6 years (for contract-based debt claims)

Statute Citation: Tenn. Code Ann. § 28-3-109 (written obligation) or § 28-3-110 (oral obligation)

When the Clock Starts: For promissory notes and written debt obligations, the statute begins to run on the date of breach or non-payment. Critically, for installment obligations, each missed payment restarts the clock.

Debt collection follows contract law principles. Written promissory notes receive the full six-year protection under § 28-3-109. The implications are significant for creditors: a debtor who makes sporadic payments can potentially be sued indefinitely, as each payment resets the limitations period. Conversely, if a debtor goes six years without any payment on a lump-sum debt, the claim is barred.

Discovery Rule and Delayed Accrual

General Application: Tenn. Code Ann. § 28-3-201

Rule Overview: For claims where injury or harm is not immediately discoverable—such as fraud, latent defects, or occupational disease—Tennessee applies the discovery rule. The statute of limitations begins to run when the plaintiff discovers, or with reasonable diligence should have discovered, the injury and its causal connection to the defendant's conduct.

The "reasonable diligence" standard is objective. Courts ask whether a reasonably prudent person, exercising ordinary care, would have discovered the injury. This is not purely subjective; the plaintiff's actual knowledge is not controlling if discovery should have occurred through diligence.

Tolling Provisions

Minority

Statute Citation: Tenn. Code Ann. § 28-1-106(a)

A plaintiff who is under 18 years old has the full limitations period plus one additional year after reaching majority (age 18). If a child is injured at age 10, and the standard limitation is one year for personal injury, the child has until age 19 to file suit.

Mental Incapacity

Statute Citation: Tenn. Code Ann. § 28-1-106(b)

If a plaintiff is adjudged legally incapacitated, the statute of limitations is tolled (paused) during the period of incapacity. Time resumes running once competency is restored or a guardian is appointed.

Absence from Tennessee

Statute Citation: Tenn. Code Ann. § 28-1-105

If the defendant is absent from Tennessee continuously, the time during which the defendant is absent does not count toward the statute of limitations. This provision applies only to defendants who leave the state; it does not benefit plaintiffs who are absent.

Military Service

Tennessee does not have a specific statute tolling limitations periods for military service, but federal Servicemembers Civil Relief Act (50 U.S.C. § 3953) may apply, tolling limitations periods for active-duty service members for up to 180 days after service ends.

What Happens When You Miss the Deadline

If you file suit after the statute of limitations has expired, the defendant can move to dismiss the case under Tenn. R. Civ. P. 12(b)(6) for failure to state a claim or raise an affirmative defense. The case will be dismissed, and you cannot refile. This dismissal is with prejudice, meaning it's final and precludes any future action on that claim.

Tennessee courts apply the statute of limitations strictly. Judges have no discretion to extend deadlines or excuse late filings based on equitable principles, though very narrow exceptions exist for fraudulent concealment or claims involving foreign objects left inside patients' bodies in medical malpractice cases.

Calculating Limitation Periods Accurately

Tennessee-Specific Nuances

Notice of Claim: Some claims against governmental entities require notice within specific periods (often 30 days), which are separate from and earlier than the statute of limitations. Always check whether a notice requirement exists.

Claim Preclusion: Tennessee recognizes claim preclusion (res judicata). If you litigate a claim and lose on the merits, you cannot refile it, even if the statute of limitations hasn't expired.

Continuing Wrongs: Conduct that violates a plaintiff's rights on a continuous basis (such as ongoing fraud or repeated trespass) may allow the statute of limitations to reset with each violation.

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Key Takeaways