Under most circumstances, Georgia’s statute of limitations for personal injury lawsuits gives you two years to file a lawsuit from the date of your injury. However, different exceptions can increase or decrease the time to take legal action. In most personal injury cases, if you miss the deadline, a court will dismiss your personal injury claim as being untimely.
Does Georgia Have Exceptions to the Two-Year Statute of Limitations?
You might have more or less time to file a Georgia personal injury lawsuit in several circumstances. Here are a few standard exceptions to the two-year deadline:
- Tolling — Certain situations will temporarily stop your two-year countdown for a personal injury lawsuit, such as when the person who caused your injury leaves the state, or you are legally incapacitated for some reason.
- Discovery rule – The discovery rule is a legal principle that gives you additional time to file a lawsuit if your injury isn’t immediately apparent. This rule often applies in medical malpractice claims, as it can take time for the consequences of a botched procedure or treatment plan to manifest themselves.
- Injured minors or cases involving people with mental disabilities – If you suffered an injury as a minor or while you had a mental disability, the two-year time limit doesn’t begin until you turn 18 or regain legal competence.
- Product liability cases – In addition to the two-year statute of limitations on personal injury claims, Georgia also has a 10-year statute of repose on those stemming from unsafe products. You must file a lawsuit within 10 years of when you first purchased the product, no matter when your injury occurred after buying it.
- Loss of consortium – This legal term describes a spouse’s harm when an injury to their partner affects their relationship. The spouse’s deadline to file a lawsuit is usually two years from when their partner suffers an injury, but other deadlines may apply in specific circumstances.
Additionally, Georgia law limits medical malpractice lawsuits to within five years of when your doctor’s negligence occurred, even when you didn’t discover your injury immediately.
Georgia has a different statute of limitations that applies to wrongful death claims. You must file a civil claim within two years of your loved one’s wrongful death, which could occur after the date when they were involved in the accident that caused their fatal injury.
Why Does Georgia Have a Statute of Limitations?
Georgia’s statute of limitations for personal injury lawsuits and wrongful death claims is meant to keep the legal system fair and efficient. Over time, evidence can disappear, memories fade, and witnesses become harder to locate. A strict deadline for personal injury lawsuits encourages injured people to act promptly while facts remain fresh and reliable.
The statute of limitations also protects potential defendants (the people being sued) from the constant threat of lawsuits for things that happened many years ago. The law aims to strike a balance between giving injured people a fair chance to seek justice and helping the courts operate smoothly without being bogged down by stale claims.
Is the Statute of Limitations Period Different If You File a Claim Against the Government?
Different deadlines apply when personal injury cases involve claims against Georgia government agencies. You must submit a written notice of the claim within 12 months of your injury to maintain your right to compensation. This notice must contain the following information:
- The name of the state government entity involved
- The acts by the agency or its employee(s) that caused your injury
- The time and place where the incident occurred
- A description of the losses you suffered
- The compensation you’re demanding.
What Happens If You Miss the Two-Year Deadline?
Generally, you will lose your right to sue if you miss the deadline on your claim. While insurance settlements are not directly subject to the statute of limitations, you have little leverage against an insurer without the credible threat of a lawsuit. Even if your case is otherwise strong, the insurance company isn’t legally required to settle once the deadline has passed.
What Can You Do to Meet the Personal Injury Statute of Limitations in GA?
The most crucial step to preserving your legal rights after an accident is to talk to a personal injury lawyer. You can help them build a strong case on your behalf by taking the following additional steps:
- Gather and organize documents – Collect your medical records, property repair estimates, pay stubs, and anything else to establish your injuries’ financial and personal costs. These documents can help your lawyer build a strong case more quickly.
- Follow your doctor’s treatment plan – Keep all your medical appointments and follow your doctor’s advice. Gaps in treatment can weaken your claim and complicate settlement negotiations.
- Limit communication with insurance companies – Let your lawyer speak with the insurance companies. Adjusters are trained to get claimants on the record saying things that might undermine their cases. Protect yourself by limiting your interactions with them.
- Keep a journal – Write down how your injury affects your daily life. This evidence can be helpful when it’s time to calculate your losses.
- Respond promptly to your lawyer – Return calls, emails, or document requests from your personal injury attorney quickly so your case doesn’t stall.
Get Help from an Experienced Georgia Personal Injury Lawyer
At Sherrod & Bernard, P.C., we can manage all aspects of your case. We have over 85 years of combined experience in personal injury law, and we’ve recovered millions of dollars for our clients, who consistently praise us for our commitment to customer service and respect. As one former client states:
“Sherrod & Bernard, P.C., did a fantastic job settling my cases quickly and with little hassle to me. They worked with me and took care of my needs.”
– Nathan Crouch (Dallas, Ga.)
We won’t charge you any legal fees unless we win your case, so there’s no risk in standing up for your rights. When you are ready to take legal action, contact us for a free consultation with an experienced personal injury attorney.
