Skip to content
MyClaimWorth
TN
★ US · South

Personal injury in
Tennessee.

By Reviewed by Abd Shanti, Founder7 min read

Tennessee applies modified-50 comparative fault since McIntyre v. Balentine (1992) abolished pure contributory negligence, with one of the shortest US PI limitation windows (one year) and a $750,000 general non-economic cap.

Tennessee abolished pure contributory negligence in McIntyre v. Balentine (1992) and adopted modified-50 comparative fault. The personal-injury statute of limitations is one year, tied with Kentucky and Louisiana (legacy) for the shortest in the US. Non-economic damages are capped at $750,000 generally with a $1 million ceiling for catastrophic injuries.

★ statute of limitations
1 year from date of injury, among the shortest in the US

Tenn. Code Ann. § 28-3-104

★ fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault under McIntyre v. Balentine (1992).

★ TN · statutory caps

What caps recovery.

Caps and ceilings imposed by Tennessee law that bear on settlement values.

★ TN · key facts

What makes Tennessee different.

The handful of details that distinguish this jurisdiction from its neighbours.

★ TN · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Tennessee law.

★ TN · court decisions

What Tennessee courts have decided.

Reported Tennessee decisions for each injury type, each with a link to the judgment and to the full injury guide.

★ TN · rules that decide claims

The rules in Tennessee.

Statutes and rulings that come up again and again in Tennessee injury claims, each with its source.

Deadline to sueOne year from the crash, or two years if the other driver was criminally charged or cited for the crash. A citation for failing to exercise due care was enough in a 2021 case.Tenn. Code Ann. § 28-3-104(a); Younger v. Okbahhanes (Tenn. Ct. App. 2021)
Fault ruleYour award is reduced by your share of fault. At 50% or more you recover nothing.McIntyre v. Balentine (Tenn. 1992), applied in Binns v. Trader Joe’s East (Tenn. 2024)
Minimum liability insurance$25,000 per injured person, $50,000 per accident, and $25,000 for property damage. For a soft tissue claim this limit is rarely the problem; proving the injury is.Tennessee Department of Revenue, Financial Responsibility Law
Medical bills the jury seesThe full billed amounts for your ER visit, imaging, chiropractic care, and therapy, not what your insurer paid.Dedmon v. Steelman (Tenn. 2017)
Seat belt useNot wearing a seat belt generally cannot be used against you, which matters in neck injury cases where the defense often raises it.Tenn. Code Ann. § 55-9-604
Cap on pain and suffering$750,000 per person. It exists, but a whiplash claim almost never comes near it.Tenn. Code Ann. § 29-39-102; McClay v. Airport Mgmt. Servs. (Tenn. 2020)
When the cap is $1 millionOnly for a catastrophic injury. In a spine case that means a spinal cord injury resulting in paraplegia or quadriplegia. A herniated disc or a fusion stays under the $750,000 cap.Public Chapter 510 (2011), § 29-39-102(d)
A spouse shares the capA husband or wife claiming loss of consortium does not get a second $750,000. Both claims share one cap.Yebuah v. Center for Urological Treatment (Tenn. 2021)
★ other US jurisdictions

Compare across United States.

How Tennessee compares with its neighbours in the South on fault rule and limitation period.

JurisdictionFault ruleLimitation
Tennessee· you are hereModified comparative, 50% bar1 year from date of injury, among the shortest in the US
Alabama (AL)Pure contributory negligence2 years from date of injury
Arkansas (AR)Modified comparative, 50% bar3 years for personal injury; 2 years for medical malpractice
Florida (FL)Modified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)
Georgia (GA)Modified comparative, 50% bar2 years from date of injury
Kentucky (KY)Pure comparative negligence1 year for personal injury (one of the shortest in the US)
Louisiana (LA)Modified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024
Mississippi (MS)Pure comparative negligence3 years from date of injury
North Carolina (NC)Pure contributory negligence3 years from date of injury
South Carolina (SC)Modified comparative, 51% bar3 years from date of injury
Texas (TX)Modified comparative, 51% bar2 years from date of injury
Virginia (VA)Pure contributory negligence2 years from date of injury
West Virginia (WV)Modified comparative, 51% bar2 years from date of injury

Every United States jurisdiction compared

★ TN · frequently asked

Common questions.

Common questions about personal injury claims in Tennessee, answered with the relevant statutory references.

★ editorial note

This page summarises the Tennessee statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Tennessee. See /methodology, /sources, and /disclaimer.