Otten Law, PLLC

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what is a statute of limitations in tennessee?

David Otten

Overview of the Statute of Limitations

One of the most, if not the most, important components of a legal action is the statute of limitations (SOL), but we never really see it mentioned in our procedural tv shows or movies. So what’s the big deal? Why is it important?

In every state, a lawsuit arising from an accident or injury must be filed within a certain time limit or the injured person’s legal claim will be barred and his or her right to sue will be lost forever. In Tennessee, different causes of action have different statutes of limitations, ranging from one year after the cause of action accrues (Tenn. Code Ann. § 28-3-104), to 25 years for some crimes, and up to no time limit for some heinous offenses like murder (Tenn. Code Ann. § 40-2-101).

Accrual of the Cause of Action for the SOL

In cases like car accidents, assaults, or property damage, knowing the deadline that you have to file your suit by is easy. In those circumstances, the statute of limitations is one year from the date the action accrues. When you are injured, you typically know how it happened. If, for instance, you suffered a neck injury from a car accident, you know that generally, you have one year from the date of the accident to file your lawsuit, or forever lose that right. Tenn. Code Ann. § 28-3-104. 

Now, where it might get more complicated is determining when your cause of action “accrued.” As mentioned before, with car accidents and other torts where there is a “main event,” it is pretty clear when your action accrues. However, where you are unaware you suffered an injury, we look to something known as the “discovery rule.”

Under this rule, a cause of action accrues when the plaintiff knows or in the exercise of reasonable care and diligence should know that an injury has been sustained as a result of wrongful or tortious conduct by the defendant. Shadrick v. Coker, 963 S.W.2d 726, 733 (Tenn. 1998); Stanbury v. Bacardi, 953 S.W.2d 671, 677 (Tenn. 1997). In other words, a claim doesn’t actually accrue until a plaintiff knows that they suffered an injury because of someone else’s actions. (Note, this is said to “toll” the SOL, meaning the clock doesn’t start until the discovery of the injury).

So, the important takeaway from this is that when you believe you have the grounds for a lawsuit, you should consult with an attorney as soon as possible. If you put it off too long, there’s a chance that you may run past the deadline to file your case. If that happens, you’ll lose the opportunity to be heard forever.

Common Statutes of Limitations in Tennessee

Below, you’ll find some more common statutes of limitation that we have in Tennessee.

If you believe you have a potential lawsuit or an issue with your statute of limitations, book a consultation today in order to discuss it.