If you have been in an accident in Georgia, understanding the personal injury statute of limitations is crucial. This law sets a time limit for filing a lawsuit after an accident. Missing the deadline can mean you lose your right to seek compensation, no matter how strong your case may be.
In Georgia, the statute of limitations for personal injury lawsuits is generally two years. However, some exceptions can alter the deadline. Many people do not realize how quickly time can pass after an accident. Insurance companies may try to delay or drag out the process, hoping you will miss your chance to file a personal injury lawsuit.
It’s wise to contact a Fayetteville personal injury attorney as soon as possible to preserve evidence and protect your rights.
Georgia Statute of Limitations for Personal Injury Cases
Georgia’s personal injury statute of limitations sets a strict deadline for when you must file your claim. At The Weinstein Firm, we want you to know these deadlines so you do not lose your right to seek compensation.
Standard Deadline
For most personal injury cases in Georgia, you have two years from the date of your injury or accident to file a lawsuit. This deadline is set by Georgia law under O.C.G.A. § 9-3-33. The two-year limit applies to claims involving car accidents, truck accidents, motorcycle accidents, and slip and falls.
Wrongful Death
In wrongful death cases, the family of the deceased has two years from the date of death, not the date of the accident, to file a lawsuit. This difference is important, especially if there was a delay between the accident and the passing of your loved one.
Medical Malpractice
Medical malpractice cases are more complex. The countdown clock begins from when the injury or harm to your health is discovered or reasonably should have been discovered. There is a maximum limit of five years from the date of the malpractice.
Loss of Consortium
Loss of consortium refers to the impact an injury has on your relationship with your spouse. You have four years from the date of the injury to file this type of claim.
Exceptions to the Personal Injury Statute of Limitations
Understanding the exceptions to the Georgia personal injury statute of limitations can make the difference between a valid claim and one that is dismissed.
Minors
If the injured person is under 18 at the time of the accident, Georgia law pauses the statute of limitations until their 18th birthday. This means the two-year deadline for filing a personal injury lawsuit usually starts when the minor turns 18. For example, if a 16-year-old is injured in a car accident, they typically have until their 20th birthday to file a claim.
Mental Incapacity
If someone is legally declared mentally incompetent at the time of the injury, the statute of limitations may be tolled until they regain capacity. This protects people who cannot manage their legal affairs due to a mental health condition. Once the individual is declared competent, the usual deadline begins.
If the Defendant Leaves the State
If the at-fault party leaves Georgia after the accident and before you can serve them with a lawsuit, the statute of limitations may pause during their absence. This prevents a defendant from escaping responsibility simply by leaving the state.
Discovery Rule
Sometimes, an injury or its cause is not discovered right away. In certain cases, such as medical malpractice or toxic exposure, the statute of limitations may start when you discover or reasonably should have discovered the injury. For example, if a surgical error is found months after the operation, the clock may begin at the time of discovery, not the date of surgery.
Pending Criminal Cases
In some Georgia personal injury cases, such as assault and battery, the statute of limitations may be paused while the defendant is facing criminal charges. This allows the victim more time to file a personal injury case in civil court.
Shorter Deadlines for Claims Against Government Entities
Claims against city, county, or state government agencies have shorter deadlines and special notice requirements. In Georgia, you must usually file a notice of claim within six to twelve months of the injury, depending on the agency. The overall time to file a lawsuit may also be shorter than the standard two years.
At The Weinstein Firm, we carefully review every detail of your case to determine if any exceptions or tolling provisions apply. Missing a deadline can cost you your right to compensation, so it is crucial to contact a Georgia personal injury lawyer as soon as possible.
Steps to Take After a Personal Injury
After an accident, knowing what to do next can make a major difference.
Seek Medical Attention
Your health comes first. Even if your injuries seem minor, visit a doctor as soon as possible. Some injuries are not obvious right away and can get worse over time. Medical records also serve as important evidence for your case. Delaying care can give insurance companies a reason to question your injury or argue that it was not caused by the accident.
Contact a Georgia Personal Injury Lawyer
Do not wait to reach out for legal help. The sooner you contact a Georgia personal injury lawyer, the sooner you can protect your rights. Early legal advice helps you avoid mistakes that could hurt your claim, such as missing the statute of limitations or saying something to an insurance adjuster that could be used against you. At The Weinstein Firm, we offer guidance from day one so you can focus on healing.
Document Everything
Keep detailed records related to your injury and accident. Save medical bills, receipts, police reports, photos of your injuries and the accident scene, and any communication you have with insurance companies. Write down your symptoms, how your injury affects your daily life, and any time missed from work. The more evidence you have, the stronger your personal injury lawsuit will be.
Contact the Weinstein Firm Today for Help
If you have suffered an injury in Georgia, the Weinstein Firm is here to help. Our team will review your situation, explain your options, and make sure all deadlines are met. We handle the paperwork and legal steps so you can focus on your recovery.
Your rights and your future are important to us. If you have questions about your case, the statute of limitations, or how to get started, contact us today. We offer a free consultation and are ready to help you protect your claim.
Call 770-HELP-NOW now or fill out our online form to speak with an experienced attorney.
