Georgia Personal Injury Statute of Limitations

What Is the Georgia Personal Injury Statute of Limitations?

In Georgia there are strict deadlines for filing these claims.

Georgia law O.C.G.A. § 9-3-33 imposes a two-year deadline to file a personal injury lawsuit from the date of injury in cases subjec to the rule.

The two-year window for accidents and personal injury victims to take legal action is strictly enforced by Georgia courts.

Miss the filing deadline and you lose your right to recover compensation for your injuries.

It doesn't matter how severe your injuries or how clear the other party's fault.

A few exceptions exist to this rule, such as if the victim is a minor or if the injury was caused by medical malpractice.

Speak with a Georgia personal injury lawyer at Lawsuit Legal if you or a loved one has a potential case to protect your rights.

 

Exceptions to the Georgia Statutes of Limitations

Georgia law recognizes limited exceptions that can pause or extend the two-year filing deadline under specific circumstances.

Every injury case involves unique facts and legal procedure requirements.

Consult an attorney about your case details to determine which deadlines apply to your personal injury matter.

Circumstances where Georgia may impact the statute of limitations:

• Minors: The clock doesn't start until the injured person turns 18, giving them until their 20th birthday to file under O.C.G.A. § 9-3-90.
• Discovery Rule: The deadline begins when you discover the injury or reasonably should have discovered it, commonly applied in medical malpractice and fraud cases where harm isn't immediately apparent.
• Mental Incapacity: Severe mental incapacity rendering the injured party legally incapable, tolls the statute until the time capacity is restored.
• Defendant Absence from Georgia: Time spent by the defendant outside Georgia after causing injury may not count against your filing deadline under O.C.G.A. § 9-3-94.

Additionally, claims for property damage, such as vehicle or home repairs, and loss of consortium claims also carry a four-year statute of limitations.

How Different Injury Types Affect Your Georgia Filing Deadline

Georgia law creates different deadlines based on what type of harm you suffered and who caused it.

Review the specific nature of your case with a qualified attorney to determine what statute of limitations you must meet to take legal action.

Medical Malpractice Claims: Two years from the date you discover the injury under O.C.G.A. § 9-3-71, with a five-year cap from the actual date of negligence regardless of when discovered.

Product Liability Cases: Four-year statute of limitations under O.C.G.A. § 51-1-11, with a 10-year statute of repose that bars most claims after the product's first sale.

Wrongful Death Claims: Two years from the date of death under O.C.G.A. § 9-3-33, running separately from any personal injury claim the deceased may have had.

Claims Against Government Entities: Require written ante litem notice within six months of injury before you can file a lawsuit, with specific details about your claim and damages.

Workers' Compensation Crossover: One year to report workplace injuries for workers' comp, but two years to sue negligent third parties who contributed to your accident.

Assault and Intentional Torts: Two-year deadline applies even for deliberate acts like battery and assault, with criminal prosecution not pausing the civil statute.

Our Georgia personal injury lawyers have deep experience handling a variety of claim types and complex circumstances.

Let us help you navigate the legal process after injury and fight to recover what you're owed.

 

 

Why Does Georgia Limit the Period to File a Lawsuit?

The statute of limitations in Georgia is set to ensure fair litigation.

The legal process has distinct administrative deadlines and statutory deadlines must be met.

The statute of limitations is designed to prevent lawsuits from being filed over accidents and injuries past when they can be litigated fairly.

If you've been injured you don't want to wait to take legal action.

What Happens if I Miss the Personal Injury Statute of Limitations in Georgia?

Your case gets dismissed.

The courts strictly enforce the deadline and will throw out your case.

You will be barred from recovering compensation on the matter if you fail to file within the window.

Injury victims should be clear about the time limit and what it means for their ability to recover.

Consult an injury attorney immediately about your potential lawsuit to protect your rights.