What Is The Statute of Limitations For Personal Injury Claims In Georgia?

Mar 24, 2023

Following an unexpected accident, it is understandable that your primary priority would be recovering from any injuries that you sustained. Such recovery may be lengthy, however, and some accident victims are left permanently disabled. Recovery may involve serious medical procedures, periods of rest, rehabilitative programs, and readjusting to everyday life. It is not a surprise that injured victims often have difficulty focusing on anything else during their recovery. Let our wrongful death lawyers in Cumming, GA explain.

Furthermore, even though many injured accident victims may wonder what their legal rights may be, they may be intimidated by the legal process and may believe that a lawsuit will only add more stress to their lives. These factors are only some of the reasons why injured victims put off discussing a potential case with an experienced personal injury attorney.

What Is a Statute of Limitations?

A statute of limitations is a regulation that defines the amount of time that parties involved in a legal dispute must initiate a lawsuit. The window for filing a lawsuit varies based on the nature of the injury and the jurisdiction.

In Georgia, the statute of limitations for most personal injury cases is two years. The countdown begins when the “right of action accrues;” for instance, when a slip-and-fall accident occurs.

Once the filing window lapses, the right to file a lawsuit and recover damages ceases. Even so, unique circumstances may allow you to file a personal injury lawsuit outside the two-year filing window.

Statute of Limitations

Unfortunately, if an accident victim waits too long to pursue a legal claim, they lose their opportunity to recover for their losses. This is because Georgia law1 sets a strict deadline for accident victims to file a claim for personal injury. In legal terms, this deadline is referred to as the statute of limitations.2 The statute of limitations in Georgia for claims related to personal injury is two years from the date the injury was sustained. After that two year period, the court will likely dismiss any lawsuit you attempt to file.

The law does allow for certain exceptions to the two-year deadline, however. The following are two notable exceptions:

If the injured victim is legally incompetent to file a claim, the time limit may be paused until he or she is found competent.
If the injured victim is a minor, the time limit may be extended until two years after the victim turns 18 years old.

If there is another reason that an injured victim believes that the statute of limitations should be extended, the courts will generally evaluate the argument on a case by case basis.

Does the Statute of Limitations Change According to the Type of Injury?

The two-year period doesn’t necessarily apply to all personal injury cases in Georgia. Your case’s period might differ depending on the cause of action and the damages you seek.

Here’s a breakdown of the varying statute of limitations depending on the nature of the injury:

Auto Accidents: If you sustain an injury in a car accident, you have two years from the accident date or discovery of physical harm.
Medical Malpractice: You have two years from the accident or injury discovery date. Medical malpractice cases apply a five-year statute of repose.
Wrongful Death: If a personal injury leads to the eventual death of a victim, the family of the deceased or representative has two years from the date of death to file a lawsuit.
Loss of Consortium: The spouse or a family member of an injured victim has four years from the date of injury or death to file for loss of consortium damages.
Workers’ Compensation: An injured worker has one year from the date of the accident or discovery to file a workers’ compensation lawsuit.
Premises Liability: Suppose you sustained a broken bone after a slip-and-fall accident caused by a property owner’s negligence. In that case, you have a two-year window from the accident or injury discovery date to file a lawsuit.
Product Liability: Injured victims of defective products have two years from the date of discovery to file a lawsuit. A 10-year statute of repose applies to product liability lawsuits.

What if I Sue a Government Agency?

If you intend to file a personal injury claim against a city or municipality, keep tabs on applicable timelines. First, you should notify a government agency within six months of the accident.

The notice of claim should include the following details:

Name of government entity or employee involved
Time and location of the accident
The nature of your injury
The form of negligence that caused the injury

Failure to provide notice within a specified timeline may result in forfeiture of your right to compensation from the city council.

More importantly, you have 12 months to file a written claim against a government in Georgia. Filing a claim against a government agency requires you to notify the Department of Administrative Services, Risk Management Division by either mail or in person.

Lastly, you can file a lawsuit against a government agency after they reject your claim or more than 90 days have passed since you filed your initial claim.

What’s a Statute of Repose?

A statute of repose is similar to a statute of limitations but with unique differences. It prescribes how long an individual has to pursue specific rights but with strict terms.

The statute of repose bars legal action after a specific timeline, no matter when the injury occurred or was discovered. Thus, extensions or exceptions are highly unlikely.

In Georgia, the statute of repose applies in cases involving medical malpractice and product liability. Under the statute of limitations, the timeline does not commence until the victim discovers the injury or establishes a link between the physical harm and the malpractice or harmful product.

That said, the statute of repose is a hard limit on the period during which a person can file a lawsuit, regardless of whether the victim discovered the injury. It prevents the defendant from facing a lawsuit years or decades after the injury.

For instance, the statute of repose for medical malpractice lawsuits is five years—meaning an injured victim has five years after receiving substandard medical care to bring a lawsuit against a health institution or health care provider.

On the other hand, there is a 10-year cap for filing personal injury lawsuits related to defective products. An injured victim must file a lawsuit within 10 years after the accident date regardless of the discovery date or a link with the defective product.

What Does a Personal Injury Lawyer Do for Me?

You may be entitled to compensation if you or a loved one has sustained an injury due to someone else’s negligence. Irrespective of your right to compensation, you may be confused about the following steps to pursue compensation from the liable party.

A personal injury attorney can help you file an insurance claim or lawsuit against an at-fault party. Although most injured victims obtain compensation from the at-fault party’s insurer, working with a personal injury attorney enhances the chances of a positive outcome.

Here are the benefits of a personal injury attorney to your case:

Negotiation Skills

Insurance companies have mastered the art of tabling settlement offers that barely cover your injury-related losses. An experienced and knowledgeable attorney will evaluate the merits of each settlement proposal.

An attorney can table supporting evidence and negotiate a fair settlement offer matching your losses.

Speed Up the Claim Process

The ability to recover from a personal injury depends on how quickly you obtain the claim proceeds. You must also strike a balance to consider the full extent of your injury before accepting a settlement proposal.

A personal injury attorney will conduct speedy investigations, communicate promptly with insurance providers, and file a timely lawsuit. Ultimately, a personal injury attorney’s guidance prevents delays that can harm your recovery process.

Provide Peace of Mind

Many personal injury victims struggle with emotional and psychological trauma. Pursuing compensation can be an added source of stress. When you hire a personal injury attorney, they can handle all aspects of your claim, giving you peace of mind during challenging moments.

Contact a personal injury lawyer as soon as possible

If you have suffered an injury, you should not delay in consulting with an experienced Atlanta personal injury attorney. Preparing a claim can take time and you do not want to risk waiting too long. Call the office of Spaulding Injury Law today at (770) 744-0890 for a free consultation.

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