GEORGIA PERSONAL INJURY STATUTES OF LIMITATION
The deadlines for filing personal injury cases vary by case type and whether the lawsuit is being brought against a private citizen, a business, or the government. Statutes of limitation for common types of Georgia personal injury cases are:
- General personal injury claims: two years
- Loss of consortium claims: four years (after the loss was discovered)
- Property damage claims: four years
- Wrongful death claims: two years
- Product liability: two years
Personal injury lawsuits against private citizens or businesses must be brought within two years. The clock starts ticking the day the accident or injury occurred. The deadlines to file a claim against city, county, state, or federal government agencies, can be even shorter. For example, claims against Georgia counties must be brought within 12 months, and claims against cities require written notice within six months. Lawsuits against the state must be filed within two years and preceded by the completion of special forms indicating the intent to sue.
In most personal injury cases, the statute of limitations is non-negotiable, and individuals who miss the filing deadline are barred from seeking compensation for their injuries and other damages. However, some notable exceptions can “toll”—or pause—personal injury statutes of limitation, including:
- The injured individual is a minor. If the victim was a child at the time of the accident or injury, the statute of limitations clock does not start until their 18th birthday.
- A person is mentally incompetent. If the victim is deemed mentally incompetent, the statutes of limitations do not begin unless or until they’ve regained their competency.
- The case involves a traffic ticket. Citations for traffic infractions such as speeding, running a red light, or failure to yield can provide vital proof of negligence in a personal injury claim. They also serve to extend the statute of limitations, since Georgia law tolls the statute until the citation is resolved.
- There was no opportunity for reasonable discovery. If there was no way for an injury or medical condition to be reasonably discovered within the specified time frame, the statutes of limitations may be extended.
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Do you have questions about a Georgia personal injury case? Contact Stein & Fox today to schedule an appointment for a free initial consultation with an experienced personal injury lawyer.
Author: Melody M. Fox, Esq.
Contributor/Editor: Princess Peart, Legal Intern