If you suffered harm, abuse, neglect, or a serious injury as a child, and your parents didn’t pursue legal action at the time, you might be wondering: Can I still sue now as an adult? The answer depends on various factors, including Tennessee law, the type of injury, and how long it’s been since you turned 18. At Tennessee Accident Law, we are here to help you pursue the justice you deserve.
To get answers tailored to your situation, complete our free case evaluation form or call us now at 615-212-9866. Time may still be on your side, but the window is closing.
Call us now at 615-212-9866 to speak with an experienced attorney about your truck accident case.
What Is the Statute of Limitations and Why It Matters
The statute of limitations is the legal deadline to file a lawsuit. In Tennessee, most personal injury claims have a one-year limit from the date of the injury. However, for minors, the law provides an important exception.
Under Tennessee Code § 28-1-106, the statute of limitations is tolled (paused) until the child turns 18. Once you reach adulthood, the clock starts ticking — and you typically have until your 19th birthday to file.
Key Point:
If your injury occurred when you were a minor and no claim was filed on your behalf, you may still sue after turning 18, but the timeline is limited. Acting quickly is critical.
What If You Didn’t Know You Were Injured Until Years Later?
In some situations, you may not discover the extent or cause of your injury until adulthood. Tennessee recognizes the “discovery rule”, which allows the statute of limitations to begin when you first knew (or reasonably should have known) about the injury and its cause.
This is especially relevant in cases involving:
- Medical malpractice
- Toxic exposure
- Repressed childhood trauma
- Institutional abuse that came to light years later
Even if your injury happened long ago, the law may allow you to sue if discovery was delayed — but this rule is narrow and varies case-by-case.
What Types of Childhood Claims Can Still Be Pursued as an Adult?
While not all childhood injuries qualify for delayed legal action, many serious claims still fall within allowable legal timeframes. Below are the most common categories:
1. Medical Malpractice in Childhood
If you were injured due to a doctor’s misdiagnosis, surgical mistake, or failure to treat, you may have a valid medical malpractice claim. Tennessee law tolls the statute of limitations for minors in medical cases, and the discovery rule may also apply.
2. Childhood Sexual Abuse or Assault
Tennessee law offers a longer window for victims of childhood sexual abuse. As of 2019, survivors can file claims until age 33 or within three years of discovering the abuse, whichever is later.
This extension applies to civil lawsuits against perpetrators, schools, religious organizations, and other institutions that failed to prevent or report the abuse.
3. Physical Abuse or Neglect in Foster Care or Institutions
Children harmed while in state care, foster homes, or juvenile facilities may pursue legal action against agencies or caregivers. These cases often involve claims of:
- Physical abuse
- Sexual misconduct
- Neglect by caretakers
- Failure to provide proper supervision
If the harm occurred under the control of a government-run entity, additional rules apply, which we explore further below.
Can I Sue If the Responsible Party Was a School or Government Agency?
When injuries or abuse happen in public schools, foster systems, or other government institutions, claims must follow the rules under the Tennessee Governmental Tort Liability Act (TGTLA) or be filed with the Tennessee Claims Commission.
Examples of Government-Related Childhood Claims:
- Abuse by school personnel
- Injuries at juvenile detention centers
- Neglect in state-licensed foster care
- Government clinics’ failure to treat
Tennessee law imposes strict deadlines and procedures in these cases. Some claims must be filed within one year, and you may have to submit a written notice of claim before a lawsuit can be filed. Additionally, sovereign immunity may shield some government agencies unless specific exceptions apply.
Our legal team at Tennessee Accident Law has the experience to navigate these complex government-related cases and secure justice even in seemingly uphill battles.
Can You Sue Your Parents for Failing to Sue on Your Behalf?
Generally, parents are not legally required to sue on behalf of their children, even when there is a valid injury claim. However, there are exceptions. You may be able to file a lawsuit if your parents:
- Had a conflict of interest
- Were complicit in the harm
- Neglected to act in spite of known abuse
In most scenarios, your lawsuit would be directed at the party responsible for the harm — not your parents — such as a doctor, school, foster agency, or perpetrator of abuse.
What Evidence Is Needed to File a Claim Years Later?
Filing a lawsuit years after the incident requires strong evidence. Courts and insurance companies will demand proof that:
- The injury occurred while you were a minor.
- The harm was caused by a specific person or institution.
- The claim fits within a legal exception or tolling provision.
- Damages such as emotional trauma, medical costs, or long-term effects exist.
Helpful evidence includes:
- Medical and psychological records
- Witness statements
- Police or Department of Children’s Services reports
- Emails or institutional logs
- Journals or therapy notes
Acting quickly is vital to preserve documentation and witness memory. The sooner we begin building your case, the stronger it can be.
How Tennessee Accident Law Can Help You Fight for Justice
At Tennessee Accident Law, we recognize the legal and emotional weight of revisiting painful childhood events. Our experienced attorneys are trauma-informed and skilled in:
- Evaluating tolling and statute of limitations exceptions
- Gathering hard-to-find evidence
- Holding individuals, institutions, and government agencies accountable
We offer compassionate yet aggressive representation to ensure your voice is heard and your rights are protected.
Complete our free case evaluation form
Or call us now at 615-212-9866
Act Before It’s Too Late
Many victims delay action out of uncertainty, fear, or trauma — only to later learn that their time to sue has expired. Don’t let this happen to you. If you were harmed as a child and no lawsuit was filed, contact us now.
We’ll assess your legal options for free, and if your claim is still valid, we’ll fight relentlessly to pursue the justice and compensation you deserve.
Sources
- Tennessee Code § 28-1-106 – Tolling of the statute of limitations for minors.
Read more on LexisNexis - Tennessee Senate Bill 2466 (2019) – Extends statute of limitations for childhood sexual abuse.
Official TN Bill Info - Tennessee Judiciary – Discovery Rule – Legal standards for delayed discovery of injury.
Visit tncourts.gov
