The adage is true: time waits for no one, especially when it comes to personal injury law. If you’ve been hurt due to someone else’s actions, every day counts. Georgia’s personal injury statute of limitations (SOL) sets a deadline for personal injury claims, and missing it can mean forfeiting your right to compensation, no matter how valid your case is. The deadline is typically 2 years, though this depends on your situation. Ultimately, the sooner you act and contact a personal injury attorney, the better your chances of preserving evidence, protecting your rights, and holding the responsible party accountable.
“While the statute of limitations could give you several years to file a claim or lawsuit, we never advise waiting that long,” said Evelyn Graham, an Attorney at Schneider Williamson. “As soon as you have fallen victim to someone else’s negligence or recklessness and suffered an injury, whether in the form of physical, emotional, or psychological anguish, or even property damage, it is imperative to work with an attorney. The longer you wait, the more you hurt your chances of getting the compensation you deserve,” she said.
Here’s what you need to know about Georgia SOL, also known as the personal injury claim limitation period, and how long you have to file a personal injury claim.
A Guide to Georgia Personal Injury Statute of Limitations
Understanding the statute of limitations for personal injury in Georgia is critical if you’re considering filing a personal injury lawsuit in Georgia. These laws establish strict time limits for taking legal action, and they can vary depending on the type of claim. Missing a deadline can permanently bar you from recovering damages, even if your case is valid.
Still, with so many different categories of injuries, it is a little more complicated than you might expect to answer the question, What is the statute of limitations for personal injury claims? Here is everything you need to know to navigate this process.
Is There a Time Limit on Personal Injury Claims in Georgia?
Yes, there is a very strict personal injury claim time limit that you must adhere to in Georgia, also known as the statute of limitations.
So, what is the time limit to file a personal injury claim? In Georgia, the statute of limitations for personal injury varies by the type of injury you are claiming and is typically two years from the date of the accident or injury, pursuant to O.C.G.A. § 9-3-33.
What Is the Statute of Limitations on Personal Injury Claims?
As we mentioned, the general personal injury lawsuit statute of limitations in Georgia is two years. This applies to cases such as car accidents, slip and fall injuries, dog bites, and many other types of bodily injury caused by another party’s negligence.
Still, there are some nuances to be aware of that impact this time limit that we are going to discuss, starting with the Georgia property damage statute of limitations specifically.
Related Article: 10 Ways to Increase the Value of a Personal Injury Case
What is the Georgia Statute of Limitations for Property Damage?
The GA statute of limitations for property damage is four years under O.C.G.A. § 9-3-31, which is a little longer than allotted for general personal injury claims. The person who owns the property is the only person who is allowed to bring the claim to court.
This means that if your vehicle, home, or personal belongings were damaged due to someone else’s negligence, you have four years from the date of the incident to file a claim, thanks to the expanded property damage statute of limitations in Georgia.
“Sometimes, these cases spill over into auto accident lawsuits when someone has been involved in a car accident with a party who doesn’t have insurance,” added Graham. “In other situations, these lawsuits can also be filed after a commercial vehicle has hit them. Ultimately, only a lawyer will have the knowledge and expertise to advise you on your best course of action under Georgia personal injury law,” she said.
What is the Statute of Limitations on a Slip and Fall?
Slip and fall injuries generally fall under Georgia’s general personal injury rules, meaning that the slip and fall statute of limitations gives you two years from the date of your injury to file a lawsuit.
Related Article: Who is Liable in a Slip and Fall Accident? | A Case Study
How Long After a Slip and Fall Can You Sue?
You must file a lawsuit within two years of the date the slip and fall occurred. Waiting beyond this period typically results in a dismissal of your claim.
What is the Medical Malpractice Statute of Limitations in Georgia?
The statute of limitations for medical malpractice in Georgia is two years from the date of injury or death caused by a medical error.
There is also a five-year statute of repose, which bars claims entirely if not filed within five years of the act, regardless of when the injury was discovered (O.C.G.A. § 9-3-71), and can significantly influence the Georgia medical malpractice statute of limitations.
What is the Georgia Statute of Repose?
In Georgia personal injury law, a statute of repose sets an absolute deadline for filing a claim, regardless of when the injury is discovered.
For example, as it pertains to the statute of limitations for medical malpractice in Georgia, the state has a five-year repose period for medical malpractice. For product liability claims, however, there is a ten-year repose period.
What is the Georgia Wrongful Death Statute of Limitations?
The wrongful death statute of limitations in Georgia is usually two years from the date of death. However, if criminal proceedings are involved, the Georgia statute of limitations for wrongful death may be tolled until the criminal case concludes, for up to six years.
It’s also important to know that there are only four categories of people who can sue in a wrongful death case on behalf of their deceased loved one:
- If the deceased person is married with minor children, their spouse is responsible for filing the lawsuit and is entitled to a third of the recovery.
- If there is no spouse and the deceased person has adult children, the children are responsible for bringing the case to court.
- If there are no spouse or children over the age of 18, the parents of the deceased person are responsible for bringing the case to court.
- If all of the above are missing, a personal representative can be appointed by the court to prosecute the case in court.
Is there a Time Limit on Claiming Life Insurance?
While life insurance claims are separate from wrongful death lawsuits, they also have time limits. Most insurers require claims to be filed within one to three years, depending on the policy terms. It’s advisable to ask the insurance provider directly.
What is the Product Liability Statute of Limitations in Georgia?
Georgia applies a two-year statute of limitations for injuries caused by defective products. Similar to situations involving medical malpractice, a statute of repose can extend the statute of limitations in Georgia for a personal injury resulting from a defective product.
In other words, a 10-year statute of repose may apply, barring claims more than 10 years after the product was first sold.
What is the Georgia Negligence Statute of Limitations?
The personal injury claim statute of limitations based on negligence is usually two years under Georgia law, which can apply to many different types of injuries and accidents.
What is the Statute of Limitations in Georgia for Personal Injuries Based on Alleged Negligence?
If you were injured due to someone else’s failure to exercise reasonable care, the Georgia statute of limitations for negligence gives you two years from the date of the injury to bring a negligence claim.
What is the Statute of Limitations on Car Accidents?
The statute of limitations for car accidents is two years from the date of the accident for injury and four years for property damage.
Related Article: Who Do I Call First After an Accident in Atlanta?
What is the Statute of Limitations to Sue for a Car Accident in Georgia?
In Georgia, the statute of limitations to sue for a car accident is generally two years from the date of the crash if you are seeking compensation for personal injuries, as outlined in O.C.G.A. § 9-3-33. If your claim involves only property damage, such as damage to your vehicle, you have up to four years to file under O.C.G.A. § 9-3-31.
It’s essential to act quickly, as failing to file within these time limits typically results in the court dismissing your case, regardless of its merits. Certain exceptions may apply if the accident involved a minor, a government entity, or if the at-fault driver faces criminal charges related to the incident.
Related Article: Should I Call My Insurance Company After an Atlanta Accident?
What Is the Pain and Suffering Statute of Limitations in Georgia?
Claims involving pain and suffering are considered part of a personal injury claim. Therefore, the standard GA statute of limitations for personal injury (two years) applies.
Related Article: How Long After a Car Accident Can You Claim an Injury in Georgia?
What is the Intentional Infliction of Emotional Distress Georgia Statute of Limitations?
Claims for intentional infliction of emotional distress fall under the general personal injury statute of limitations in Georgia, meaning they must be brought within two years.
What is the Legal Malpractice Statute of Limitations in Georgia?
The Georgia legal malpractice statute of limitations is usually four years from the date the malpractice occurred (O.C.G.A. § 9-3-25).
What is the Statute of Limitations for Security Negligence in Georgia?
You typically have two years to file a negligent security lawsuit if the injury was foreseeable and due to the property owner’s failure to maintain safe premises.
How Long Do You Have to File a Traumatic Brain Injury Lawsuit?
In Georgia, the traumatic brain injury (TBI) statute of limitations is two years to file a lawsuit from the date of the traumatic brain injury.
What is the Premises Liability Statute of Limitations?
Premises liability cases, such as those involving unsafe conditions on another’s property, must be filed within two years of the injury date.
What’s the Statute of Limitations on Dog Bite Injuries?
Dog bites and animal attack lawsuits often fall under premises liability in Georgia. Because of this, the statute of limitations for these cases is generally 2 years. You may sue on behalf of someone if they are your child and a minor.
However, keep in mind that there is a “one-bite rule” in Georgia, meaning that no case can be filed if it’s the first time the dog has bitten someone and the injury was not severe. Still, a judge reserves the right to euthanasia in some situations.
Is there a Catastrophic Injury Statute of Limitations?
Catastrophic injuries generally fall under the normal statute of limitations in Georgia for personal injury, meaning there is a two-year time limit to file a lawsuit.
Are there Exceptions to the Georgia Statute of Limitations for Personal Injury?
Yes. Sometimes, exceptions may apply to the statute of limitations on personal injury claims in Georgia. The time limit may be tolled or paused in certain situations. Tolling refers to extensions of the statute of limitations. Common exceptions include:
- Minors: The clock does not start until the minor turns 18.
- Mental incapacity: Tolling applies while the person is legally incompetent.
- Criminal cases: While the criminal case is pending if injury results from a crime.
It’s important to understand that tolling applies in limited circumstances. Even when it does apply, you will need to prove that your situation qualifies, which will require the assistance of an expert personal injury attorney.
What Happens if Your Georgia Personal Injury Statute of Limitations Runs Out?
If the statute of limitations for your personal injury expires, you lose your right to file a lawsuit. Courts will almost always dismiss the case if it is filed after the deadline. This is why it is imperative to file your claim as soon as possible.
How Long Do You Have to File a Personal Injury Lawsuit in Georgia?
Most personal injury lawsuits in Georgia must be filed within two years of the date of the injury. Certain claims, like property damage, have a longer period (four years), while others, such as government claims, may have shorter notice deadlines.
Filing your claim promptly with an attorney is important for several reasons:
- Preservation of evidence: Over time, evidence might deteriorate or disappear; filing your claim immediately ensures that essential evidence is preserved and you get the best possible outcome for your case.
- Witnesses’ recollection: As time passes, your witnesses’ recollections will slowly fade, meaning they may become unreliable and unable to support your case. Early filing increases the chances that witnesses will provide accurate testimony.
- Legal strategy: When you contact a personal injury attorney early, they will have plenty of time to build a strong legal strategy that takes into account and addresses all the areas of your case.
- Court perception: Filing your claim as soon as possible signals to the court that the injuries you have sustained are severe and you are conscientious and committed to obtaining justice and compensation for them.
- Financial relief: Early filing expedites the legal procedure, which could result in you receiving faster financial relief to cover medical bills, missed earnings, and other losses. Working with a seasoned attorney streamlines this process and maximizes your financial relief even more.
How to File a Personal Injury Lawsuit
To start a lawsuit, you’ll need to take several steps. Here’s how to file a personal injury lawsuit in Georgia:
- Get medical treatment.
- Work with an attorney to gather evidence and build your case.
- Draft and file a complaint in the proper Georgia court.
- Serve the defendant with a copy.
- Notify the insurer to negotiate a settlement.
- If necessary, pursue the case to jury trial.
Do You Need Help Navigating Daunting Georgia Personal Injury Statute of Limitations? We Can Help.
In Georgia, you have a specific time limit to file a personal injury claim, which is also known as the personal injury statute of limitations. To ensure you obtain the best possible outcome and settlement, it is crucial to work with seasoned professionals who understand the intricacies of Georgia personal injury law. At Schneider Williamson, our team of lawyers has ample experience fighting for justice, even after months or years have passed since an accident. We can review your case from all possible angles and determine the best course of action for you and your loved ones. Don’t wait until your time runs out. Contact us today for a free consultation.
