If you were injured in a car, truck, or motorcycle accident in Tennessee that was someone else’s fault, you have the right to be made whole — for your medical bills, lost income, vehicle damage, and the physical and emotional toll of the crash. Brooks Law Firm represents injured drivers, passengers, motorcyclists, and pedestrians throughout Memphis, Shelby County, and West Tennessee. We take cases on a contingency basis — no fee unless we recover for you.
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The One-Year Deadline — Tennessee’s Statute of Limitations
Tennessee has one of the shortest personal injury filing deadlines in the country. Under T.C.A. § 28-3-104(a)(1), you generally have one year from the date of the accident to file a lawsuit. Miss it, and the claim is permanently barred, no matter how strong the underlying case was.
There are limited exceptions:
- Two-year extension under T.C.A. § 28-3-104(a)(2) if the at-fault driver is charged with a crime or traffic offense within one year of the crash — DUI, reckless driving, or even a failure-to-exercise-due-care citation under T.C.A. § 55-8-136 can trigger the extension
- Wrongful death: one year from the date of death, not the date of injury, under T.C.A. § 20-5-113
- Minors: the child’s own claim is tolled until they turn 18, but a parent’s derivative claim for medical expenses is still subject to the one-year deadline
- Comparative fault add-ons: T.C.A. § 20-1-119 grants a 90-day extension to add a newly-identified party after the original deadline, if that party’s fault is raised by an existing defendant
The safe approach is to treat the case as urgent from the day of the crash. Do not wait to see how negotiations with the insurance company develop — if the year runs out while you are still talking to an adjuster, the case is over.
Tennessee’s Comparative Fault Rule — And Why It Matters
Tennessee follows modified comparative fault, established in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). Under this rule:
- If you are found less than 50% at fault, you can recover — but your damages are reduced by your percentage of fault
- If you are found 50% or more at fault, you recover nothing
So a $100,000 case in which the jury finds you 20% at fault yields $80,000. The same case at 49% yields $51,000. The same case at 50% yields zero. Because there is often no precise formula for allocating fault, this is frequently the most fiercely contested issue in an accident case — and the difference between an adjuster’s lowball offer and a full recovery often comes down to how the fault question is framed.
What You Can Recover
Economic Damages
Quantifiable financial losses — no statutory cap:
- Medical bills — past and reasonably anticipated future care, including ER, hospitalization, surgery, physical therapy, prescriptions, and rehabilitation
- Lost wages — time missed from work, plus diminished future earning capacity if the injury affects your ability to work long-term
- Vehicle damage — repair cost or fair market value of a totaled vehicle, plus diminished value in some cases
- Out-of-pocket expenses — transportation to medical appointments, rental car costs, household help if you cannot perform normal tasks
Non-Economic Damages
Intangible losses that are real but harder to price:
- Physical pain and suffering
- Mental anguish and emotional distress
- Permanent injury, disfigurement, or scarring
- Loss of enjoyment of life
- Loss of consortium (for the injured person’s spouse)
Tennessee caps non-economic damages at $750,000 per plaintiff under T.C.A. § 29-39-102, or $1,000,000 for catastrophic injuries (spinal cord injuries resulting in paraplegia or quadriplegia, amputation of two hands or feet, third-degree burns over 40% of the body, or wrongful death of a parent leaving a surviving minor child). The Tennessee Supreme Court upheld the cap in McClay v. Airport Management Services, 596 S.W.3d 686 (Tenn. 2020), and clarified in Yebuah v. Center for Urological Treatment (Tenn. 2021) that it is a single aggregate cap per plaintiff, including loss-of-consortium claims by a spouse.
Punitive Damages
Awarded in rare cases where the at-fault driver’s conduct was intentional, fraudulent, malicious, or reckless — most commonly in drunk driving cases and hit-and-runs. Punitive damages require proof by clear and convincing evidence under Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (Tenn. 1992). They are capped under T.C.A. § 29-39-104 at the greater of $500,000 or two times the compensatory damages awarded, with exceptions for certain egregious conduct.
Wrongful Death Claims
When a crash takes a loved one’s life, Tennessee law gives the surviving family a wrongful death claim under T.C.A. §§ 20-5-106 and 20-5-113. The claim is brought by the spouse first; if no spouse, by the children; if no spouse or children, by the parents; and if none of those, by the personal representative of the estate.
Recoverable damages include:
- The pecuniary value of the decedent’s life — lost future earnings, services, and support to the family
- The decedent’s medical bills and funeral expenses
- The decedent’s pain and suffering from the time of injury to death
- Loss of consortium, companionship, and guidance
The statute of limitations for wrongful death is one year from the date of death — which may be later than the crash itself if the decedent survived for a period before passing. The wrongful-death statute is technical; if you have lost a family member in a crash, call us as soon as you can so no deadlines are missed.
Dealing with the Insurance Company
The at-fault driver’s insurance adjuster is not on your side. Their job is to pay as little as possible on the claim. In the days and weeks after a crash, they are likely to do one or more of the following:
- Call and ask for a recorded statement — which will be used to pick apart your version of events later
- Offer a quick settlement before you know the full extent of your injuries or what future medical care you will need
- Send a medical authorization form that gives them broad access to your entire medical history, not just the crash-related records
- Pressure you to sign a release that ends your claim permanently, often for a small fraction of its real value
Our first advice is almost always the same: do not give a recorded statement, do not sign anything, and do not accept a settlement offer without talking to an attorney first. Once an attorney is retained, all adjuster communications run through us.
It is also worth reviewing your own auto policy. Most policies include medical payments coverage (MedPay) that pays initial medical bills regardless of fault, and uninsured/underinsured motorist coverage (UM/UIM) that covers you when the at-fault driver is uninsured or underinsured for the extent of your injuries. We handle these claims as part of the case.
What to Do After an Accident
At the Scene
- Get to safety and check for injuries. Call 911 for anything more serious than minor scrapes.
- Call the police. A police report is critical evidence. Do not agree with the other driver to “handle it without involving the police” — that almost always favors the at-fault side.
- Photograph everything. Vehicle damage from multiple angles, license plates, the overall scene, skid marks, debris, traffic signals, and any visible injuries.
- Get contact information from the other driver (license, insurance, plate, phone) and from every witness you can identify.
- Do not apologize or admit fault. Even a reflexive “I’m sorry” can be used against you later.
- Accept medical evaluation if paramedics offer it, even if you feel okay — adrenaline masks injuries.
In the Days After
- See a doctor. Even if you feel fine, symptoms of soft-tissue injury, concussion, or internal injury can take 24–72 hours to appear. Gaps in medical treatment are used by insurance companies to argue your injuries are not serious.
- Follow through with treatment. Do not stop going to physical therapy or specialists just because it is inconvenient.
- Keep every bill, receipt, and document. Medical bills, prescription receipts, repair estimates, rental car charges, and paystubs showing missed work.
- Keep a pain journal. A short daily note — what hurts, how much, what you could not do — is powerful evidence later.
- Report the crash to your own insurance. Most policies require prompt notice. Stick to the facts; do not speculate.
- Do not post about the crash on social media. Anything you post, even a “doing better today!” update, will be used to minimize your injuries.
- Call a lawyer before you call the other driver’s insurance.
Fees — No Fee Unless We Recover
We handle motor vehicle accident cases on a contingency-fee basis. That means:
- No attorney’s fee unless we recover money for you
- Our fee is a percentage of the recovery, set by written agreement before representation begins
- Case expenses (filing fees, records, expert fees if needed) are generally advanced by the firm and reimbursed from the recovery
- You pay nothing out of pocket to start the case
The initial consultation is free and confidential.
Call Before the Clock Runs Out
Tennessee’s one-year deadline does not wait. The sooner we are involved, the more evidence we can preserve — dashcam and surveillance footage is often overwritten in 30 to 90 days, witness memories fade, and skid marks wash away. Call today.
Call (901) 324-5000 Email the Firm
Brooks Law Firm · 2299 Union Avenue, Memphis, TN 38104 · (901) 324-5000 · patrick@patrickbrookslaw.com · Se habla Español.
This page provides general information about Tennessee motor vehicle personal injury claims and is not legal advice. Reading this page does not create an attorney-client relationship. Every case is different; prior results do not guarantee or predict a similar outcome in any future matter. Statutes and case law evolve. Contact a qualified Tennessee personal injury attorney about the specific facts of your situation. Attorney advertising.