Tennessee Personal Injury Questions, Answered

In most cases, one year from the date of the injury under Tenn. Code Ann. § 28-3-104. That is one of the shortest deadlines in the country. Some exceptions can change the deadline, so speak with a lawyer as soon as possible.

Your consultation is free. We handle personal injury cases on a contingency fee basis, which means you pay no attorney fee unless we recover compensation for you. How case costs and expenses are handled is explained in your written fee agreement.

Tennessee follows a modified comparative fault rule. You can still recover if you were less than 50 percent at fault, but your compensation is reduced by your share of the fault.

Economic damages such as medical expenses and lost income generally are not subject to the noneconomic-damages cap in ordinary personal injury claims. Governmental claims and other statutory frameworks may impose different limits. Non-economic damages, such as pain and suffering, are generally capped at $750,000, or $1,000,000 for certain catastrophic losses specifically defined by Tennessee law, with certain exceptions (Tenn. Code Ann. § 29-39-102).

Yes. R. Christopher Gilreath handles your case personally, returns your calls, and explains every step. Your case is personal. We treat it that way.

Our principal office is in Memphis at 1591 Vinton Avenue. We meet clients by appointment in private office space at our Nashville client meeting location, 159 4th Ave N, Suite 100. We also represent clients in Knoxville and across East Tennessee.

Many personal injury cases settle without a trial. But we prepare every case as if it will go to trial, because that preparation is often what leads insurance companies to make fair offers.

Bring anything you have: the crash or incident report, photos, medical records and bills, insurance information, and any letters from insurance companies. If you do not have these, that is fine. We can help gather them.

In most cases, one year from the date of the accident under Tenn. Code Ann. § 28-3-104. Some exceptions can extend the deadline, but you should speak with a lawyer as soon as possible.

Yes, if you were less than 50 percent at fault. Under Tennessee's modified comparative fault rule, your compensation is reduced by your percentage of fault.

You should report the accident to your own insurer, but be careful with the other driver's insurance company. Anything you say can be used to reduce your claim. It is usually wise to speak with a lawyer first.

In 2024, Tennessee recorded 175,252 reported traffic crashes, according to the Tennessee Department of Safety and Homeland Security. 44,432 were classified as injury crashes.

Tennessee recorded 44,432 injury crashes in 2024.

An injury crash is a crash classified in the state's crash data as involving injury. It should not automatically be interpreted as meaning that exactly one person was injured in each crash.

Tennessee Department of Safety and Homeland Security data classified 1,097 crashes as fatal in 2024.

The number of fatal crashes is different from the number of people killed because a single crash can involve multiple fatalities.

In 2024, Shelby County recorded 27,208 total reported crashes, including 6,914 injury crashes and 86 fatal crashes.

In 2024, Davidson County recorded 24,960 total reported crashes, including 8,485 injury crashes and 106 fatal crashes.

In 2024, Knox County recorded 9,683 total reported crashes, including 2,653 injury crashes and 73 fatal crashes.

Seek appropriate medical attention, report the collision when required, preserve photographs and other evidence, keep records of medical treatment and expenses, be cautious about statements to insurance companies, and consider obtaining legal advice if the collision caused significant injuries or the claim is disputed.

Not every collision requires legal representation. A lawyer may be particularly important when a collision involves significant injuries, surgery, permanent impairment, substantial medical treatment, lost income, disputed liability, comparative fault, or complicated insurance coverage.

An allegation of fault is not proof of fault. The evidence should be examined, including photographs, video, witnesses, vehicle damage, the crash report, roadway conditions, and other available evidence.

Your own automobile insurance may provide uninsured or underinsured motorist coverage depending on the policy and circumstances. The available policies should be identified and reviewed.

There is no reliable formula. The value of a claim depends on the specific evidence, including the nature and severity of the injuries, medical treatment, prognosis, lost income, impairment, pain and suffering, liability, comparative fault, available insurance coverage, and other circumstances.

Depending on the facts, the truck driver, trucking company, freight broker, shipper, cargo loader, maintenance company, or a parts manufacturer may be responsible.

Trucking companies control key evidence, such as electronic logging device data and driver records. A lawyer can send preservation demands right away so that evidence is not lost or destroyed.

Most personal injury claims in Tennessee must be filed within one year of the injury. Talk to a lawyer as soon as possible to protect your rights.

Keep all records, write down the device name and model if you know it, and ask your doctor to preserve the device if it is removed. Then contact a lawyer to review your options.

Not necessarily, but a recall can be important evidence. You may have a claim even if your device has not been recalled.

Generally one year from when the injury and its wrongful cause were discovered or reasonably should have been discovered, subject to Tennessee's product liability statute of repose, which is usually ten years from first purchase for use or consumption. Other statutory limits and exceptions may apply, including a potentially shorter limit based on the anticipated life of the product. An attorney can help determine the deadlines that apply to you.

Generally the surviving spouse or the personal representative of the estate. If there is no surviving spouse, the children or next of kin may file (Tenn. Code Ann. § 20-5-107).

Tennessee wrongful-death claims generally have a one-year limitations period. The deadline may begin before death, and accrual, discovery rules, and statutory exceptions can affect the calculation. Contact an attorney promptly to determine the deadline that applies.

Yes. Tennessee law allows recovery for the loss of a loved one's love, companionship, and guidance, subject to the state's damages caps and their exceptions.

Usually not. Workers' compensation is generally the only remedy against your employer. But you may be able to sue a third party, such as a contractor, property owner, or equipment manufacturer, whose negligence caused your injury.

Tennessee generally requires written notice to your employer within 15 days of the accident, unless the employer already knew or there was a reasonable excuse (Tenn. Code Ann. § 50-6-201).

A third-party personal injury claim can include pain and suffering and full lost wages, which workers' compensation does not pay.