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What Is the Statute of Limitations in Tennessee?
The statute of limitations in Tennessee is the legally defined deadline that sets the maximum time a person or the state can go before being unable to bring a lawsuit before the state courts. Both civil and criminal offenses in Tennessee have a statute of limitations. Once the time window expires, the claim will not be heard in court, even if it is valid. Statutes of limitations are designed to ensure the fairness and credibility of the justice system by preserving evidence, protecting witness testimony, and promoting timely resolution.
Note: The statute of limitations depends on the type of case, and interested persons should know the specific restrictions that apply to their situation in Tennessee.
How Long Is the Statute of Limitations in Tennessee?
The length of the statute of limitations in Tennessee varies depending on whether it is a criminal or civil matter, as there are different applicable rules. Some deadlines are as short as one year, while others last decades; some crimes do not have a time limit that inhibits prosecution. For civil lawsuits, missing these time limits for filing a lawsuit in Tennessee means the plaintiff’s case will be dismissed.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Personal Injury | 1 year | Applicants have one year from the date of the injury |
| Medical Malpractice | 1 year | There are some exceptions to the 1-year limit if the harm was not immediately discovered |
| Property Damage | 3 years | Time is from the date the damage occurred |
| Breach of Contract | 6 years | This can be written or oral contracts |
| Wrongful death | 1 year | Generally, 1 year from the date of death, unless the death was not classified initially as wrongful |
| Class A Felonies | No statute of limitations | Applies to felonies such as murder or aggravated rape |
| Other Felonies | 4 to 15 years | The time frame depends on the severity of the crime |
| Misdemeanors | 1 year | Most misdemeanors |
| Sex Crimes against Children | Extended till the victim reaches age 40 or later | In some cases, the statute of limitations is removed |
What Crimes Have No Statute of Limitations in Tennessee
While most criminal offenses have a set statute of limitations, some do not and can be prosecuted at any time in Tennessee, regardless of the number of years after the crime. Generally, these crimes are perceived to be very serious, and the state is resolute in punishing the offenders irrespective of time. Common crimes with no statutes of limitations in Tennessee include:
- First-degree murder
- Second-degree murder
- Terrorism offenses that lead to the death of others
- Class A felonies where death or extreme harm is involved
- Certain violent crimes against children, such as aggravated rape
Criminal Statute of Limitations in Tennessee
The criminal statute of limitations in Tennessee is the legally set maximum time the state has to file charges after a crime is committed. If the state prosecutors do not bring charges against a suspect within this time frame, they can no longer be prosecuted. These limits are designed to protect individuals from facing charges after evidence and memories are no longer reliable, as they have faded.
Felony time limits in Tennessee are based on the severity of the offense, and this ranges from:
- Class E felonies with a two-year statute of limitations
- Class C and D felonies with 4 4-year statute of limitations
- Class B felonies with an eight-year statute of limitations
- Class A felonies have no statute of limitations.
Other felonies involving children or sexual assault may not have a time limit or extended time limits, depending on the situation.
Most misdemeanor statutes of limitations in Tennessee are limited to one year. These include disorderly conduct, petty theft, and simple assault.
Examples of statute of limitations for crimes in Tennessee include:
| Crime Type | Statute of Limitations | Example |
|---|---|---|
| Misdemeanor | 1 year | Simple assault, theft under $1,000 |
| Class C/D felony | 4 years | Aggravated assault |
| Classification can vary | Up to 10 years | FInancial Crimes |
| Class B felony | 8 years | Aggravated robbery |
| Class A felony | No limit | Rape of a child, first-degree murder |
Is There a Statute of Limitations on Attempted Murder?
Yes, there is a statute of limitations for attempted murder in Tennessee, unlike murder, which does not have a statute of limitations. Tennessee law sets the statute of limitations for attempted murder as eight years for attempted second-degree and 15 years for attempted first-degree. Exceptions to this time frame include:
- Where the victim was a minor at the time
- If the crime involved certain aggravating factors such as terrorism
- If the accused hides or leaves Tennessee to avoid arrest, the statute of limitations pauses until they are found
Statute of Limitations on Sexual Assault in Tennessee
The sexual assault statute of limitations in Tennessee covers both criminal and civil cases. For civil cases, adult survivors in the state have one year from the incident date to file a claim. Tennessee is in the process of extending this window to three years via Danielle's Law (Public Chapter 644). Minor victims. As of July 1, 2019, you now have until age 33 to file a claim. However, victims of incidents before July 1, 2019, may have missed their chance for filing sexual abuse claims in Tennessee, as there is no lookback window.
Criminal sexual assault in Tennessee is often prosecuted as a felony with time limits as follows:
- Class A - 15 years
- Class B - 8 years
- Class C - 4 years
For victims of child sexual abuse (minor victims), abuse between July 1, 1997, and June 2006 is to be filed before the victims’ 21st birthday. Also, for rape cases after June 2006, the rape reporting deadline in Tennessee is within 25 years of the victim’s 18th birthday.
Civil Statute of Limitations in Tennessee
The civil statute of limitations in Tennessee sets the deadlines for when a person can file a lawsuit in civil court. The state bases civil lawsuit deadlines in Tennessee on the type of claim. Cases filed after a deadline passes are dismissed regardless of the strength of the claim. Below are some examples of civil cases and how long you have to sue in Tennessee.
| Case Type | Statute of Limitations |
|---|---|
| Personal Injury | 1 year from the date of the injury |
| Wrongful Death | 1 year from the date of death |
| Medical Malpractice | 1 year within the injury or discovery, but no later than 3 years |
| Property Damage | 3 years from the date of the damage |
| Breach of Written and Oral Contract | 6 years from the date of the breach |
Where the injury or harm was not immediately found out, the discovery rule allows for the time to be delayed until the time of discovery.
Statute of Limitations for Medical Malpractice in Tennessee
Individuals who suspect they have been harmed by a medical practitioner or a medical organisation, such as a hospital, must understand Tennessee's medical malpractice statute of limitations. These statutes set malpractice claim deadlines in Tennessee for the time frame a patient can file a lawsuit, and missing these deadlines can lead to losing the right to a claim. With this understanding, wronged patients will know how long it takes to sue a doctor in Tennessee. The main law that guides medical malpractice in Tennessee is the Tennessee Health Care Liability Act (HCLA) found in Tennessee Code Annotated (T.C.A.) Title 29, Chapter 26.
Below are some medical malpractices in the state:
| Malpractice Type | Example |
|---|---|
| Birth Injury to a Child | Absence of Oxygen during the birth process can lead to a newborn suffering brain damage |
| Misdiagnosis | A doctor failing to diagnose a life-threatening condition, such as cancer |
| Surgical Error with Obvious Injury | Internal bleeding due to a surgeon injuring an artery during surgery |
| Foreign object left in body | A surgeon forgets a surgical sponge in a patient during a surgery |
Statute of Limitations for Debt in Tennessee
The statute of limitations for debt in Tennessee defines a creditor's time limit to take a debtor to court for unpaid debts. Most debts, such as unpaid credit card debt in Tennessee, loans, and medical bills, have a six-year statute of limitations. However, under federal law, these debts are still shown on the debtor’s credit report one year after the statute of limitations expires. Debtors can reset the statute of limitations clock in Tennessee if they acknowledge the debt in writing, agree to a payment plan, or make a payment.
Some examples of debt-related statute of limitations in Tennessee are below:
| Debt Type | Statute of Limitations |
|---|---|
| Credit Card | 6 years |
| Medical Bills | 6 years |
| Auto Loans | 6 years |
| Personal Loans | 6 years |
| Court judgments | 10 years |
Statute of Limitations for Child Abuse and Child Support in Tennessee
Child support enforcement in Tennessee does not have a statute of limitations. Back payments for child support in Tennessee are collectible even after the child turns 18. However, per federal law, missed payments only appear on the credit reports of affected persons for seven years. Authorities in Tennessee can enforce the collection of child support through wage garnishment, seizure of tax refunds, and suspension of a driver’s license or professional license.
Tennessee law uses extended deadlines for criminal and civil lawsuits for child abuse. This is because the state’s laws recognize that victims of child abuse often delay coming forward in some instances for years. Child abuse statute of limitations in Tennessee for less severe criminal child abuse charges depends on the felony class, but it is typically extended beyond regular deadlines. More serious child abuse crimes, such as rape or aggravated exploitation of minors, have no statute of limitations in Tennessee. Victims of civil-related abuse can file a lawsuit up until they are 33 years old, but this can be further extended with a three-year discovery rule window.