What is the Statute of Limitations for Nursing Home Abuse Lawsuits?

When It Comes to Nursing Home Abuse, Time Matters

If you suspect that a loved one has been abused or neglected in a nursing home, you may feel overwhelmed, angry, or unsure of what to do next. One of the most important things to understand is this: you do not have unlimited time to take legal action.

Every state—including Tennessee—places strict deadlines on how long you have to file a nursing home abuse or neglect lawsuit. This legal deadline is called the statute of limitations, and missing it could mean losing your right to hold a negligent facility accountable, no matter how strong your case may be.

What is the Statute of Limitations?

The statute of limitations is a law that sets the maximum amount of time you have to initiate legal proceedings after a specific event occurs. Once this time runs out, your ability to file a lawsuit is generally lost forever.

Statutes of limitations exist for both criminal and civil cases. In civil cases—like nursing home abuse lawsuits—the time limit depends on:

• The type of harm involved (e.g., personal injury, wrongful death, medical malpractice)
• The state where the incident occurred
• Whether there are any exceptions or tolling provisions that apply

In Tennessee, nursing home abuse lawsuits typically fall under the category of personal injury or healthcare liability—each of which comes with its own deadline.

Statute of Limitations for Nursing Home Abuse in Tennessee

Personal Injury or Neglect Cases: 1 Year

In Tennessee, the general statute of limitations for personal injury cases—including those involving nursing home abuse or neglect—is one year from the date of the injury or discovery of the injury.

That means you must file your lawsuit within one year of the date when:

• The abuse or neglect occurred OR
• You reasonably discovered (or should have discovered) the harm

This short deadline can catch many families off guard. In other states, you may have two or three years—but in Tennessee, you only get one. That’s why it’s critical to speak with a lawyer as soon as possible if you suspect wrongdoing.

Wrongful Death Cases: 1 Year

If a nursing home resident dies due to abuse or neglect, the statute of limitations for filing a wrongful death lawsuit in Tennessee is also one year from the date of death.

In some cases, this clock may start ticking earlier—if the abuse or injury that caused the death was discovered before the actual date of death. This makes prompt legal advice especially important.

What About Medical Malpractice in a Nursing Home?

Some nursing home abuse cases overlap with medical negligence, such as:

• Medication errors
• Failure to treat infections or wounds
• Improper use of restraints
• Delayed medical response

Under Tennessee’s Healthcare Liability Act, these cases also carry a one-year statute of limitations, but they require additional legal steps, such as:

• Pre-suit notice to each defendant at least 60 days before filing
• Certificate of good faith from a medical expert if the case involves medical judgment

These requirements don’t extend the one-year clock—they just add more urgency. Working with an experienced attorney ensures these deadlines and procedural rules are met.

When Does the Clock Start Ticking?

In most cases, the statute of limitations begins on the date the injury occurred. But in situations where the injury or abuse wasn’t immediately obvious, Tennessee follows the “discovery rule.”

This rule allows the statute of limitations to begin on the date when:

• The injury was discovered, or
• The injury reasonably should have been discovered through due diligence

For example:

• If a resident developed infected bedsores due to neglect but no one knew until hospitalization weeks later, the one-year period may begin when the injury was discovered—not when it first developed.
• If a facility deliberately hid evidence or altered records, that may also affect the timeline.

Even with the discovery rule, courts are strict. If you wait too long, the case may be dismissed, no matter how serious the abuse was.

Can the Statute of Limitations Be Extended?

Tennessee allows for limited situations where the statute of limitations may be paused or “tolled.”

These include:

• Mental incapacity – If the injured party was mentally incompetent and couldn’t advocate for themselves, the clock may be paused.
• Fraud or concealment – If the nursing home actively covered up the abuse or lied to the family, the statute may be extended.
• Minor plaintiffs – If the victim was under 18, the statute of limitations may be tolled until adulthood (though this is rare in nursing home cases).

These exceptions are narrowly applied and often contested in court. Do not rely on them unless advised by legal counsel.

Why Acting Quickly Is Critical

Aside from the legal deadline, there are many practical reasons to act quickly in nursing home abuse cases:

• Evidence fades – Medical records, security footage, and witness memories may become harder to obtain over time.
• Witnesses may leave – Staff turnover in nursing homes is high. The sooner you start your case, the more likely you are to track down critical witnesses.
• The facility may retaliate – Filing a timely claim can help protect your loved one and prevent further harm to other residents.
• The longer you wait, the harder the case – Delays can give the defense room to argue that your claim lacks urgency or merit.

At The Higgins Firm, we begin working on your case immediately—preserving records, collecting testimony, and preparing for trial if needed.

How The Higgins Firm Can Help

Our experienced Tennessee nursing home abuse lawyers will:

• Review your case timeline and statute of limitations
• Determine whether you have a valid claim under state law
• Send required pre-suit notices (if applicable)
• Investigate the facility, staff, and corporate ownership
• File a lawsuit on time and aggressively pursue compensation

We handle every aspect of the process so your family can focus on healing.

Don’t Let Time Run Out. Call The Higgins Firm Today.

If your loved one has been harmed in a Tennessee nursing home, the clock is already ticking. You may only have 12 months to file a lawsuit and pursue justice.

Let our team guide you through your options, evaluate the facts, and take action before it’s too late.

Call The Higgins Firm now for a free consultation. There’s no cost to speak with us, and we only get paid if we win. Protect your rights and your loved one’s dignity today.