The statute of limitations for personal injury in Georgia generally requires an accident victim to file a lawsuit against the at-fault party within two years of the injury date. However, certain situations may change this deadline.
Understanding how Georgia’s statute of limitations for personal injury affects your case is essential because missing the deadline can disqualify you from recovering the compensation you deserve. Consulting with a knowledgeable Georgia personal injury attorney as soon as possible can help you understand your time constraints. Your lawyer can also ensure that you complete all filings correctly and on time.
Why Does Georgia Have a Statute of Limitations for Personal Injury Claims?
Like other states, Georgia enforces a statute of limitations for personal injury lawsuits to ensure fairness and efficiency in the legal system. This time limit serves several important purposes:
- Preservation of evidence – Over time, evidence can deteriorate, witnesses’ memories can fade, and crucial documents may be lost. A statute of limitations encourages legal action while evidence is still fresh and reliable.
- Protection of defendants – Without a time limit, individuals and businesses could face lawsuits for incidents that happened many years ago, making it difficult to defend themselves effectively.
- Promotion of timely resolution – By setting a deadline, the law encourages injured parties to pursue their claims promptly, leading to faster resolution of disputes.
- Reduction of frivolous lawsuits – The time limit discourages filing weak or speculative claims long after an incident occurs.
These reasons highlight the importance of acting quickly if you believe you have a valid personal injury claim.
What Types of Personal Injury Cases Fall Under the Georgia Statute of Limitations Rule?
Most types of Georgia personal injury cases are subject to a two-year limitation period. These include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip-and-fall accidents
- Dog bites
- Dangerous and defective products
- Wrongful death
However, other deadlines apply to certain types of claims, including:
- Workers’ compensation claims – An injured employee has 30 days to notify their employer after a workplace accident. If they don’t get benefits, they have a maximum of one year to file a workers’ comp claim with the Georgia State Board of Workers’ Compensation (SBWC).
- Loss of consortium claims – After someone suffers an injury, their spouse has four years to file a loss of consortium claim in Georgia. This type of claim allows the spouse to recover compensation for loss of companionship and support due to the injury.
- Property damage claims – Georgia law allows four years to file a lawsuit to recover compensation for any property damage sustained due to someone’s actions.
Are There Exceptions to the Two-Year Georgia Statute of Limitations?
Georgia’s personal injury statute of limitations includes several exceptions to the two-year deadline. For instance, some circumstances initiate a tolling period that pauses or extends the deadline, including when:
- The claimant is mentally incapacitated or ill.
- The claimant is a minor.
- The at-fault party used fraud to hide the injury or their involvement.
- The at-fault party leaves the state.
- The injury stems from a crime.
Under these conditions, the limitations period is paused until the tolling condition or event is over.
In other cases, you may have other additional deadlines to meet. There are separate time limits when your case involves the government:
- State – For cases against the state government, you must provide written notice of your claim within 12 months of the injury date.
- Counties – Claims against a county, you must provide written notice of your claim within 12 months of the injury date
- Municipalities – You only have six months to provide written notice of a claim against a town or city.
Understanding when exceptions apply or how they can affect your case can be challenging. Working with a knowledgeable Georgia personal injury lawyer can give you the information you need to ensure you understand the appropriate deadline.
When Does the Statute of Limitations Clock Start?
The statute of limitations clock typically starts ticking on the date of the injury. However, the starting point may not be as clear-cut in some cases. The most common exception is the discovery rule. In certain situations, you may not immediately realize you have suffered an injury. The discovery rule allows the clock to start when you discover or reasonably should have discovered your injury.
Wrongful death claims also operate a little differently. The statute of limitations period begins on the date of the death rather than the date of injury, which can differ in some cases.
Understanding when your limitations period begins is crucial for protecting your right to compensation. If you are unsure about the starting point for your case, consult with a Georgia personal injury attorney as soon as possible.
Contact a Georgia Personal Injury Lawyer
Filing a personal injury claim or lawsuit involves multiple complex legal factors, and the statute of limitations is just one of them. Keeping up with the various procedural and technical elements of your case can be particularly challenging when you are still recovering from an injury.
When you work with the experienced Georgia personal injury lawyers at Bayuk Pratt, you will have a team of legal professionals who can handle every aspect of your claim and ensure you file everything on time. Our lawyers have recovered over $300 million for our clients, so we know how to demand the results you deserve. Call us or contact us online today to arrange a free consultation, and let us get to work for you today.
