Is this claim time-barred?

Virtually all civil claims in Tennessee are governed by a statute of limitations or a statute of repose. Generally stated, these statutes impose a time period within which a lawsuit must be filed. There are legal distinctions between the two - limitations starts to run when a cause of action accrues and repose starts to run on the date of the alleged wrongful act - but a detailed discussion is beyond the scope of this article.

A lawsuit for personal injury must be filed within one year. It doesn't matter if it is for a car wreck, a slip-and-fall, or a dog bite, if the lawsuit is for personal injuries, it must be filed in one year. But minors have until one year after their eighteenth birthday to file a claim for personal injuries. An action for a breach of contract must be filed within six years of the date of breach. An action for damage to personal property must be filed within three years. There are a host of other limitation periods for various claims, but these are the most common.

What if you sue someone for a car wreck that happened two years ago? Your claim for personal injuries will be dismissed as time-barred by the statute of limitations, but your claim for property damage will survive because you have three years to file a claim for damage to your personal property. What if there is a breach of contract that also damages personal property? A court will look to the "gravamen of the complaint" to determine which statute of limitation will apply.

These statutes are important. They encourage potential claimants to act on their claim as opposed to waiting until memories fade and witnesses scatter. They provide potential defendants with a hard date after which they cannot be successfully sued. And they otherwise encourage efficiency and finality in the legal system.

If you think you need to file a lawsuit, or if you think that you may be sued, you should talk to an attorney and ascertain the applicable deadlines.

LEGAL JARGON DISCLAIMER: The foregoing is not legal advice. Even if you construe it that way, it’s probably only worth what you paid for it. I am an attorney but am not yours.