Tennessee Personal Injury Law

The following summary of Tennessee personal injury laws and case types will help you understand important aspects of injury claims in this state.

Tennessee Statute of Limitations:

• Personal Injury: 1 year for negligent conduct
• Medical Malpractice: 1 year (Breast Implants: 25 years)
• Product Liability: 1year
• Wrongful Death: 1 year

Caps on Personal Injury Awards in Tennessee:

There are no personal injury caps in Tennessee.

Tennessee Serious Injury Threshold:

There is no serious injury threshold in Tennessee.

Tennessee is a Fault state and follows the modified comparative negligence - 50% theory, meaning that a plaintiff can only recover for their damages if they are less than 50% at fault for the accident.

Personal Injury Claims & Theories of Liability in Tennessee:

Auto Accident Claims: If a driver is found to be negligent in the operation of their vehicle and in so doing injures a passenger, another driver or a pedestrian, they will be liable for the personal injuries or property damages to the other party.

Product Liability Lawsuits: Manufacturers, designers and distributors of products for use by consumers will be held strictly liable for the injuries that result from the product's use - provided the consumer did not deviate substantially from the anticipated use.

Medical Malpractice Cases: Medical providers and hospitals who provde services below the expected level of care can be held responsible for the patient's resulting injuries.

Workers Compensation Laws: In Tennessee, employers are compelled to carry mandatory workers compensation insurance in the event of workplace injury. If an employee is injured on the job this insurance will pay for their medical bills.

Wrongful Death Cases: When an individual dies as a result of the negligence of another, the negligent party will be liable to the decedent's estate (for example the heirs and family members), for economic loss and things such as loss of companionship and affection.

Slip and Fall Accidents: When an individual slips, trips or falls on the property of another, the property owner will be held responsible if they failed to maintain their property, make reasonable inspections or warn others of known dangers.

For More Information Check out these sites:

Official Tennessee State Government Website

Tennessee State Bar Association