Georgia’s Statute of Limitations for Personal Injury Lawsuits

When someone is hurt in Georgia, the law gives them a set amount of time to file a lawsuit. This is called the statute of limitations. Missing this deadline usually means you lose the right to recover damages, no matter how strong your case is. Understanding these time limits can help you protect your rights after an accident.

How the Statute of Limitations Works

The statute of limitations is a legal deadline for starting a lawsuit. The clock usually starts running on the date the injury happened. In some cases, the deadline can be paused or extended under special rules. The length of time depends on the type of claim you are making.

Georgia Deadlines for Personal Injury and Civil Cases

Here are the standard time limits for different types of lawsuits in Georgia:

Personal injury: 2 years (O.C.G.A. § 9-3-33)
Car, truck, or motorcycle accidents: 2 years
Wrongful death: 2 years
Product liability: 2 years, up to 10 years from the date the product was first sold
Libel or slander: 1 year
Fraud: 2 years
Property damage: 4 years (O.C.G.A. § 9-3-32)
Medical malpractice: 2 years, but no more than 5 years from the date of the error (O.C.G.A. § 9-3-71)
Legal malpractice: 4 years (O.C.G.A. § 9-3-25)
Trespassing: 4 years (O.C.G.A. § 9-3-30)
Breach of contract: 6 years for written contracts, 4 years for oral contracts (O.C.G.A. § 9-3-24, § 9-3-26)
False imprisonment: 2 years
Assault or battery: 2 years

Loss of Consortium Claims

Loss of consortium is when a spouse suffers harm to the relationship because of the injured person’s accident. In Georgia, these claims have a 4-year statute of limitations, which is longer than most personal injury claims.

Exceptions and Tolling Rules

There are situations where the clock stops or the deadline gets extended. This is called tolling. Common reasons include:

The injured person is under 18 at the time of the accident
The injured person is mentally incompetent
The defendant left the state after the incident
The injury was not discovered right away, such as in some medical malpractice cases
Fraud prevented the victim from learning about the injury

These rules can give more time to file, but they are applied in specific situations and not guaranteed.

Statutes of Repose

A statute of repose is different from a regular statute of limitations. It sets a hard deadline no matter when the injury is discovered. In Georgia:

Medical malpractice claims cannot be filed more than 5 years after the error, even if the injury is found later
Product liability claims cannot be filed more than 10 years after the product was first sold

Deadlines for Suing a Government Agency

Claims against a city, county, or the State of Georgia have shorter deadlines. Before filing a lawsuit, you must send an ante litem notice to the right agency:

6 months for claims against a city
12 months for claims against the county or state

If you miss this step, your case will likely be thrown out.

Why Acting Quickly Matters

Waiting too long can cause problems beyond missing the deadline. Evidence can disappear, witnesses may forget details, and records might get lost. The sooner you start the process, the better your chances of building a strong case.

Call for Legal Help Today

If you were hurt in an accident or lost a loved one in Georgia, you should not wait to understand your legal options. Knowing the statute of limitations for your type of case can make the difference between recovering compensation or losing your right to file. Call (877) 438-7243 to speak with our car accident lawyers who can review your situation and help you take the next steps before time runs out.