Like other states, Georgia has a statute of limitations that spells out the maximum amount of time an injured victim has to file a legal claim.
Many victims are surprised to find out they do not have an unlimited number of days. Instead, the Georgia personal injury statute of limitations gives a victim two years to file, in most cases.
Call Griffin Law Firm, P.C., if you have questions or if you were hurt in an accident. Our Snellville, GA personal injury lawyer can review how much time remains and get a claim filed before the window shuts. Below, we take a closer look at the statute and its main exceptions. We encourage anyone hurt in Snellville or the surrounding communities to call to schedule a free, no-risk case evaluation.
Georgia Statute of Limitations Personal Injury: Two Years
You can find the statute at Georgia Code § 9-3-33. It states that actions for personal injuries shall be brought within two years of the day the right of action accrues. In most personal injury cases, the claim “accrues” the day you are hurt. For example, the day you are injured in a car accident or a fall is the day the two-year clock begins. You should know immediately that you are hurt and that someone’s negligence is to blame.
If you are bringing a wrongful death claim, then the clock begins the day your loved one died. That might not be the day they were injured, since some people live for days or weeks after a serious accident.
Consequences of Failing to File a Claim
If you go over the deadline, then the defendant can ask a judge to dismiss your case. And a judge is very likely to agree. Consequently, someone with significant injuries might be unable to hold the defendant accountable. They will not receive any compensation from the defendant.
Injured victims miss the deadline for a variety of reasons. Some are in so much pain they cannot pull together a legal claim. Others are simply unaware of the limitation period. Ideally, accident victims will reach out to a law firm soon after the accident. We can keep our eyes open for any upcoming deadlines and take quick action to preserve your rights.
Exceptions to the Georgia Statute of Limitations for Personal Injury
There are certain exceptions you should be aware of:
Claims Against the Government
Some people are hurt due to government negligence. A state employee driving for their job could run into you, or a public building could have a hazard that causes you to slip and fall. In these cases, accident victims can submit claims against the government.
These claims have special notice requirements called Ante Litem notice. You get as little as six months to submit notice of a claim against the city or 12 months for a claim against the county or state of Georgia. Call our office immediately. We definitely want to get a claim filed before these deadlines to protect you. The Georgia Statutes for Ante Litem
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O.C.G.A. § 36-33-5 (Cities/Municipalities)
- (b) Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm, or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury. No action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment.
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O.C.G.A. § 36-11-1 (Counties)
- All claims against counties must be presented within 12 months after they accrue or become payable or the same are barred, provided that minors or other persons laboring under disabilities shall be allowed 12 months after the removal of the disability to present their claims.
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O.C.G.A. § 50-21-26 (State)
- (1) Notice of a claim shall be given in writing within 12 months of the date the loss was discovered or should have been discovered;
Notice of a personal injury claim against a Georgia government entity must be filed timely and follow the requirements of the applicable Georgia Statutes, or your claim will be barred from any recovery. For this reason, it is very important to contact an experience injury attorney as soon as possible so this Ante Litem notice can be handled correctly.
Underage Victims
Minors cannot file lawsuits on their own, so the state gives them additional time to file. Being a minor is considered a legal disability, and the statute is paused until the disability is removed. That is aged 18 for most people. At that point, the victim usually gets two years to file their claim. The controlling statute is provided below:
- O.C.G.A. § 9-3-90 states:
- “If a person entitled to bring any action is, at the time the cause of action accrues, a minor or person of unsound mind, such person or those claiming under such person shall have the period of limitation provided in this chapter after the removal of such disability within which to bring an action.”
Some personal injury cases are also crimes. A drunk driving case is a common example. When our clients are injured by criminal conduct, then the statute is tolled until the criminal case is resolved, but for no more than six total years.
Latent Injury
Someone with an undiscovered injury might have more time to file. For example, a person could suffer toxic exposure in their apartment, which causes cancer. But the cancer was not discovered for a few years. Because the exposure happened more than two years ago, there is a risk that the statute of limitations will cut off the victim’s right to sue.
This is where the discovery rule comes in. Generally, this discovery rule allows a victim to file within two years of discovering their injury; however, there is a five-year cutoff regardless of when they discover it.
Are you confused about how much time you have? There is no need to guess. Call our office to speak with a personal injury attorney. We can count the days to see when you need to file a claim.
Why Georgia Has a Statute of Limitations
Georgia has adopted this statute to balance the rights and interests of both accident victims and defendants. This statute encourages accident victims to take prompt action to protect their rights.
By acting promptly, a court can decide a case with fresh evidence. If a victim waited too long, then witnesses could disappear or memories fade. Physical evidence or documents could disappear or degrade with time.
It is unfair to leave a defendant blindsided. Imagine if a victim could wait indefinitely to sue. Some might wait 30 years, at which point the defendant might have totally forgotten about the accident. Georgia law tries to protect accused defendants equally, and for that reason, requires that accident victims file claims promptly.
Talk with a Snellville Personal Injury Lawyer in a Free Consultation
Two years will likely pass quickly. Accident victims might spend months in rehab or be unable to leave their homes because they are in pain. They spend another year struggling to return to work. Before you know it, the two-year anniversary of your accident is approaching, and you haven’t filed a lawsuit.
Contact us today to talk about your options. We can race to the courthouse to file a lawsuit, if necessary, and serve a copy on the defendant as required by law. Griffin Law Firm P.C., can then negotiate for a fair settlement or go ahead and litigate the claim in court, where necessary.
We have tackled all types of personal injury cases in the 30078 zip code, including motor vehicle claims and property-related accidents. You deserve an experienced, committed legal advocate in your corner.