Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

A Tennessee family has one year, not two or three.

One year

TCA 28-3-104 requires actions for injuries to the person to be commenced within one year after the cause of action accrued. We treat wrongful death the same way, so confirm the accrual date with an attorney.

Two years with criminal charges

The period is two years if criminal charges are brought against a person alleged to have caused the injury, the conduct is the subject of a criminal prosecution commenced within one year, and the claim is brought by the injured person against the party prosecuted. The statute must be strictly construed.

Health care claims

A health care liability action has one year, with one year from discovery if not discovered earlier, and never more than three years after the negligent act, except for fraudulent concealment or a foreign object. Written notice 60 days before suit is also required.

Governments

Claims against governmental entities fall under the Governmental Tort Liability Act, whose limits and procedure differ; summaries list $300,000 per person and $1 million per occurrence. Confirm the current figures and notice rules.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Tennessee's rules apply to your specific case with a licensed Tennessee attorney.