How Long Do You Have to File a Personal Injury Claim in Georgia?

If you were hurt in an accident at little to no fault of your own, you must act quickly to protect your legal right to compensation from the at-fault party. In most cases, Georgia law gives you two years from the date of an accident to file a personal injury lawsuit. Failure to file before the deadline nearly always destroys your right to seek compensation in court. Do not wait.

The legal team at Spiva Law Group has decades of experience handling personal injury matters for clients throughout Georgia. We are ready to help you as well, including by making sure all filing deadlines are met. Contact us today to schedule a free consultation with an experienced Savannah personal injury attorney. Read on to learn more about the statute of limitations in Georgia.

What Is a Statute of Limitations?

A statute of limitations is a law that sets a deadline for pursuing legal claims. In civil cases, the governing statute of limitations sets the deadline for filing a lawsuit to settle a dispute between private parties. In criminal cases, it limits how long prosecutors have to file charges for an alleged criminal offense.

Of course, personal injury lawsuits are civil cases in which accident victims try to recover compensation for injuries caused by at-fault parties. However, the law governing personal injuries is actually quite diverse, and not all cases will be governed by the same deadline. This section goes over the various deadlines that may arise in a personal injury case in Georgia.

• General personal injury claims– The deadline for filing most personal injury lawsuits in Georgia is two years from the date of an accident. This rule applies to personal injury cases involving car accidents, truck accidents, slip-and-fall accidents, and other scenarios in which a defendant’s wrongful actions result in injury to a plaintiff.
• Loss of consortium claims– A loss of consortium claim allows plaintiffs to seek compensation for damage to their family relationships when caused by a defendant’s wrongful actions. For example, if a car accident leaves someone in a permanent coma, their spouse could file a lawsuit seeking compensation for the loss of affection or sexual intimacy caused by the accident. The deadline for filing a loss of consortium claim is four years from the date of the accident.
• Wrongful death claims– Surviving family members and estate representatives may file a wrongful death lawsuit to recover compensation when someone’s wrongful actions result in an injury victim’s death. Wrongful death lawsuits in Georgia must be filed within two years of the decedent’s death.
• Medical malpractice claims– A medical malpractice claim is a specialized cause of action that seeks compensation from professionals when their failure to adhere to a certain medical standard of care results in injury. The deadline for filing most medical malpractice lawsuits is two years from the date of injury. However, in cases involving a “foreign object” left in the body (e.g., during surgery), the deadline is shortened to one year after the object is discovered.
• Products liability– Products liability lawsuits allow plaintiffs to seek compensation from manufacturers and distributors when their products cause injuries to consumers. These cases can be very complex and require the attention of a skilled personal injury attorney. However, they are governed by the standard deadline of two years after the date of injury.
• Property damage claims– Many accidents that result in personal injury also result in property damage. The deadline for filing a claim seeking compensation for the latter is set at four years after the date of loss.

Can the Statute of Limitations be Extended in Georgia?

Yes. There are some narrow exceptions that allow the normal statute of limitations to be extended. However, depending on your case, calculating the precise date can be complex. To make sure that you do not miss the correct deadline, it is best to consult with an experienced attorney. That said, the filing deadline can be extended in the following scenarios:

• Minors– In cases involving would-be plaintiffs who are still minors, the governing deadline is paused until they reach their eighteenth birthday. For example, a two-year deadline would be paused until they reach adulthood, giving them until their twentieth birthday to file a personal injury lawsuit.
• Legal incompetency – Similarly, if a would-be plaintiff cannot file suit due to an intellectual disability or mental illness, the governing deadline is paused until they recover from their condition.
• Fraudulent concealment – If the defendant in a personal injury case intentionally concealed their liability for a plaintiff’s injuries and losses, the filing deadline is paused until the concealment is discovered.
• Defendant leaves the state– The governing deadline may also be paused if the defendant in the underlying case leaves Georgia. Their reason for leaving does not matter, only their absence. The countdown carries on once they return.
• Pending prosecution – The civil statute of limitations is paused while the defendant is also being prosecuted for a crime that gave rise to the underlying injury in the personal injury case. The countdown carries on once the state’s prosecution is complete.

What Are the Consequences of Missing the Filing Deadline?

Failure to file your case before the governing deadline passes nearly always results in it being dismissed in court. That said, most personal injury cases never actually end up in court. Instead, they are typically settled in out-of-court settlement negotiations with the at-fault party and their insurers. Even so, because your ability to sue will act as your primary leverage during negotiations, it is essential that you comply with the statute of limitations so that your right to seek compensation in court is not eliminated.

Contact a Georgia Personal Injury Lawyer Today

If you were injured in an accident you did not cause, do not hesitate to consult with a personal injury attorney as soon as possible. The time you have to file a claim in court is limited. The sooner you speak to an attorney, the more time they will have to prepare a strong case on your behalf.

The Savannah personal injury lawyers at Spiva Law Group are ready to help pursue the full and fair compensation you deserve for injuries sustained at little to no fault of your own. Contact us today to learn about your legal rights and options in a free, no-obligation consultation with an experienced injury lawyer today.