Tennessee Injury Claim Rules

Rules cited to Tennessee’s statutes and case lawRules checked How we calculate

Fault rule50% barYou recover only if you are less than 50% at fault. The award is cut by your share.McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992)
Filing deadline1 yearFrom the date of the injury.Tenn. Code § 28-3-104
Minimum insurance25/50/25Per person, per crash, property. Tennessee is an at-fault state.
Damage caps$750,000 non-economic$750,000 on non-economic damages, or $1 million for catastrophic injuries such as paralysis, amputation or severe…Tenn. Code § 29-39-102

Calculators with these rules built in

This page collects the rules that decide what an injury claim is worth in Tennessee: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

Tennessee is an at-fault state, so claims are paid by the at-fault party’s insurer, and its 50% bar rule sets how much your own share of fault costs you.

Tennessee injury claim rules

Fault. Tennessee uses modified comparative fault with a 50% bar. Your award drops by your share of fault, and at 50% or more you recover nothing, so an even split leaves you with nothing. Insurers know this, so expect them to argue your share up.

Filing deadlines. You have one year from the injury to file a personal injury lawsuit. Families have one year for a wrongful death claim, usually counted from the date of death. Two years if the other driver is criminally charged over the crash, such as for DUI or vehicular assault. Claims against a government agency need written notice much sooner.

Car insurance. Tennessee is an at-fault state, so the at-fault driver’s liability insurance pays your claim. Drivers must carry at least $25,000 per injured person, $50,000 per crash and $25,000 for property damage, written 25/50/25.

Damage caps. $750,000 on non-economic damages, or $1 million for catastrophic injuries such as paralysis, amputation or severe burns.

Dog bites. Owners are strictly liable when a dog running at large or not under control causes injury. On the owner’s property, the victim must prove the owner knew the dog was dangerous.

Tennessee injury claim questions

Can I still get a settlement in Tennessee if I was partly at fault?

Yes, as long as you were less than 50% at fault. Your award is reduced by your percentage, and at 50% or more you recover nothing.

How long do I have to file a personal injury lawsuit in Tennessee?

one year from the injury in most cases. Two years if the other driver is criminally charged over the crash, such as for DUI or vehicular assault.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does Tennessee cap pain and suffering damages?

Yes. $750,000 on non-economic damages, or $1 million for catastrophic injuries such as paralysis, amputation or severe burns.