If you were injured in an accident, one of the most important — and often misunderstood — legal deadlines you face is the statute of limitations.

The statute of limitations sets the maximum time you have to file a lawsuit after an injury occurs. If you miss this deadline, you may permanently lose your right to seek compensation — no matter how strong your case is.

Because John Michael Bailey Injury Lawyers represents clients in both Tennessee and Mississippi, understanding how these deadlines differ is critical if your injury occurred in or around Memphis or Tupelo.

This guide explains the statute of limitations in both states, broken down by injury type.

Tennessee Statute of Limitations for Personal Injury

Tennessee has one of the shortest personal injury filing deadlines in the country.

General Personal Injury Deadline in Tennessee:

1 year from the date of injury.

This applies to most injury cases, including:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Slip and fall injuries
• Pedestrian accidents
• Dog bites
• Assault-related injuries

If a lawsuit is not filed within one year, courts will typically dismiss the claim.

Tennessee Wrongful Death Deadline

If a loved one dies due to negligence, the general rule is:

1 year from the date of death

Wrongful death claims may arise from:

• Fatal car crashes
• Trucking accidents
• Medical negligence
• Dangerous premises
• Defective products

Because investigation and estate issues can take time, early legal involvement is especially important in fatal cases.

Tennessee Medical Malpractice Deadline

Medical malpractice claims in Tennessee typically must be filed within:

• 1 year from the date of injury, or
• 1 year from the date the injury was discovered (in certain situations)

However, there is generally a 3-year statute of repose, meaning claims cannot be filed more than 3 years after the negligent act, regardless of discovery, with limited exceptions.

Medical malpractice cases also require pre-suit notice and certificate of good faith procedures.

Tennessee Workers’ Compensation Deadline

Workers’ compensation claims in Tennessee follow different procedures:

• Employees must report the injury promptly (often within 15 days).
• A formal claim typically must be filed within 1 year of the injury.

Workers’ comp deadlines differ from third-party personal injury lawsuits.

 

Mississippi Statute of Limitations for Personal Injury

Mississippi allows more time than Tennessee in most injury cases.

General Personal Injury Deadline in Mississippi:

3 years from the date of injury.

This applies to:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Slip and fall injuries
• Product liability cases
• Dog bite injuries

This longer deadline provides more flexibility, but waiting is still risky.

Mississippi Wrongful Death Deadline

Wrongful death claims in Mississippi generally must be filed within:

3 years from the date of death

However, certain exceptions may apply depending on circumstances.

Mississippi Medical Malpractice Deadline

Medical malpractice claims in Mississippi generally must be filed within:

• 2 years from the date of the negligent act, or
• Within 2 years from when the injury reasonably should have been discovered

There are additional procedural requirements and notice rules.

What Is the “Discovery Rule”?

In some cases, injuries are not immediately obvious.

The discovery rule allows the statute of limitations to begin when:

• The injury is discovered, or
• It reasonably should have been discovered

This commonly applies to:

• Medical malpractice
• Delayed diagnosis
• Toxic exposure
• Certain brain injuries

However, courts apply this rule narrowly. Assuming you have more time can be dangerous.

What Happens If You Miss the Deadline?

If the statute of limitations expires:

• The court will likely dismiss your lawsuit
• The defendant can file a motion to dismiss
• Insurance companies gain total leverage
• Settlement options typically disappear

There are very few exceptions once a deadline passes.

Special Situations That Can Affect Deadlines

Certain circumstances can alter filing timelines:

Injured Minors

Deadlines may be extended until the child turns 18 in some cases.

Government Entities

Claims against government agencies often require:

• Formal notice
• Shorter filing deadlines
• Specific procedural compliance

Out-of-State Accidents

Jurisdiction and applicable law may affect deadlines if:

• The accident occurred in a different state
• The defendant resides elsewhere
• Commercial trucking is involved

Determining which state’s law applies is crucial for Memphis and Tupelo-area crashes near state lines.

Why You Should Never Wait — Even If You Have Time

Even in Mississippi’s three-year window, waiting can hurt your case because:

• Evidence disappears
• Witness memories fade
• Surveillance footage is erased
• Vehicles are repaired or destroyed
• Insurance companies build defenses early

Early action protects your claim.

Frequently Asked Questions: Statute of Limitations for Personal Injury Claims in Tennessee and Mississippi

Does the statute of limitations apply to insurance claims?

The statute applies to lawsuits, not insurance claims. However, waiting to involve an attorney can still weaken your case.

Can the deadline be extended?

Extensions are rare and fact-specific.

What if I didn’t realize I was injured right away?

You may qualify under the discovery rule, but courts interpret it narrowly.

How an Attorney Protects You From Deadline Mistakes

An experienced personal injury attorney:

• Determines the correct filing deadline
• Identifies exceptions or tolling rules
• Files suit within statutory limits
• Ensures compliance with procedural requirements
• Preserves evidence early

At John Michael Bailey Injury Lawyers, protecting clients from missed deadlines is a foundational part of case strategy.

Our law firm has over 45 years of representing injured individuals throughout Memphis, Tennessee, Tupelo, Mississippi, and surrounding communities.

Consultations are free, and there is no fee unless compensation is recovered.