Tennessee at a glance
Tennessee allows one year to sue for injuries to the person.[1] A plaintiff can recover only if their negligence is less than the defendant’s.[2] Tennessee caps noneconomic damages at $750,000, or $1,000,000 for catastrophic injuries.[3]
Filing deadlines
Under Tenn. Code § 28-3-104(a)(1), actions for “injuries to the person” must be commenced within one year after the cause of action accrued, as the Tennessee Court of Appeals has summarized.[1]
Shared fault
McIntyre v. Balentine (Tenn. 1992)
so long as a plaintiff’s negligence remains less than the defendant’s negligence the plaintiff may recover
Source: [2]
This is modified comparative fault, often called the 50% bar. An injured person whose fault is less than the parties the statute compares them to can recover damages reduced by their share; at 50% or more, recovery is barred.
Damage caps
The Tennessee Supreme Court has described Tenn. Code § 29-39-102 as a statute that “forbids awards for noneconomic damages that exceed $750,000 (or $1,000,000 in catastrophic injury cases).”[3] The statute defines which injuries count as catastrophic.
Auto insurance requirements
The Tennessee Department of Revenue states: “The required minimum limits of your liability car insurance are: $25,000 for each injury or death per accident. $50,000 for total injuries or deaths per accident. $25,000 for property damage per accident.”[4] Tennessee is not one of the no-fault states.[5]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in Tennessee?
Under Tenn. Code § 28-3-104(a)(1), actions for “injuries to the person” must be commenced within one year after the cause of action accrued, as the Tennessee Court of Appeals has summarized.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- Tenn. Code § 28-3-104, as quoted in a Tennessee Court of Appeals opinion. Tennessee Courts. https://www.tncourts.gov/sites/default/files/OPINIONS/TCA/PDF/063/SudberryHKOpn.pdf
- McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992), as quoted in a Tennessee Court of Appeals opinion. Tennessee Courts. https://tncourts.gov/sites/default/files/OPINIONS/TCA/PDF/084/CrookREopn.pdf
- McClay v. Airport Management Services, LLC (Tenn. 2020), discussing Tenn. Code § 29-39-102. Tennessee Courts. https://www.tncourts.gov/sites/default/files/mcclay.jodi_.c.opn_.pdf
- Tennessee Department of Revenue. “Why You Should Have Insurance.” https://www.tn.gov/revenue/title-and-registration/drive-insured-tennessee/why-you-should-have-insurance.html
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
Sources last checked: October 11, 2026
