The last thing you’re thinking about when recovering in the hospital from a devastating, dangerous encounter is the time limitations you have to recover. Instead, you’re probably thinking about how long it’ll take you to heal, what the accident means for your future, and if things will ever return to normal, or what your new normal will look like?
But you should consider how much time has passed if you’re planning on pursuing compensation (which we believe you should) for what you’ve gone through at the hands of someone else who is responsible for your injuries. You don’t want the clock to run out on the statute of limitations. Missing important deadlines could destroy your case. In most instances, it means missing out entirely on compensation. A skilled personal injury attorney from Montlick will review your case’s statute of limitations and help if we are able. We have the legal expertise to smoothly and swiftly guide you through the system and to provide a thorough understanding of your case’s limitations to effectively avoid any potential roadblocks in your recovery.
So, what is the statute of limitations in Georgia?
Personal Injury Statute of Limitations
The United States Department of Justice defines statute of limitations as the “statutory limitation on the prosecution of an offense if the formal prosecution is not commenced, usually by the return of an indictment or filing of an information, within a specified period after the completion of the offense. Statutes of limitations have been said to be a defendant’s primary safeguard against the possibility of prejudice from preaccusation delay.” In simpler terms, it’s the amount of time allowed for a legal claim to be pursued. Generally speaking, each crime or civil offense has a time limitation that applies. However, serious, violent crimes such as murder are often exempt.
In the state of Georgia, most cases can be submitted up to two years after the accident. Property damage claims, such as your damaged vehicle, can be submitted up to four years following the crash. Examples of accidents in this window under the Official Code of Georgia (O.C.G.A.) include personal injury claims. The two-year window for submitting a personal injury suit begins right after an accident, or you become aware of your injuries if they manifest later. However, this timeframe doesn’t apply to all lawsuits, depending on the cause of action and the damages you want to recover.
Vehicle Accident
Your claim must also be filed within two years if you are involved in a vehicle accident. However, if the person you’re filing on behalf of died in the accident, it then becomes a wrongful death suit. It will still generally follow the two-year limit deadline. There are some exceptions to the rule, such as a minor’s claim may be brought up to two years after the minor reaches the date of majority.
Dog Bite Injuries
Animal attack cases are considered another form of personal injury claims, meaning they also generally fall under the two-year statute of limitations in Georgia.
Assault and Battery Injuries
If you were intentionally harmed by someone, you are generally able to file a personal injury claim under the two-year statute of limitations. In assault and battery cases, you may be able to sue the offender for compensation for your injuries and other negative effects they caused.
Wrongful Death
Under the Georgia statute of limitations for personal injury cases, wrongful death cases can only be pursued within two years of the accident. According to state law § 51-4-2, the only people who can file a wrongful death claim on someone’s behalf are:
- The deceased individual’s spouse
- The deceased individual’s adult children
- The deceased individual’s parent, if there is no spouse or child over 18
- The manager of the state, if there is no one else
Slip and Fall Accidents
Under Georgia code 9-3-33, your claim must be filed for your slip and fall case within two years. The clock starts running on your case to recover damages on the day of the accident and runs out exactly two years later.
Pedestrian Accidents
If involved in a pedestrian accident, you usually have two years to file a claim unless an extenuating circumstance exists. Otherwise, failing to act in this time frame will result in losing your ability to receive compensation.
Additional Statutes of Limitations
It’s crucial to file a personal injury claim within the statute of limitations in Georgia in order to ensure you can receive compensation. If you don’t, you will lose out on winning back some of what you lost to the accident forever.
If you are not involved in a car accident but seeking legal representation and compensation for another incident, there may be other statutes of limitations worth noting.
Product Liability/Defectiveness
Filing a claim for a defective product also has a statute of limitation.. Unlike other suits, product liability claims can be filed up to ten years after the first sale or use of the product. Exceptions to this rule may include:
- Cases involving injuries from a manufacturer’s reckless or intentional disregard for property or life
- Cases against a manufacturer for products that cause a birth defect or disease
- Cases about a failure to warn of a latent danger arising from product usage
Property Damage
Georgia’s statute of limitations for a property damage claim is four years under O.C.G.A. § 9-3-32, whether personal or commercial. Damage to a car is also considered to fall under the property damage umbrella, making its limitation also four years. Even if you had groceries or other items damaged in your car in a crash, those items could be claimed in the property damage claim/suit. For example, any booster seats or car seats involved in a crash should be claimed as property damage as those seats are no longer considered safe for children and must be replaced.
Medical Malpractice
Medical malpractice claims also fall under personal injury but differ in the statute of limitations. Overall, the limitation is generally two years, but The Statute of Repose – a statute that cuts off certain legal rights if not acted on by a specified deadline – allows victims up to five years after the injury incident to file, depending on specific fact patterns.
The Repose (O.C.G.A. § 9-3-71(b)) may be called into action if the victim is provided medication that causes terminal side effects to develop over time. However, they cannot file a claim if the discovery of side effects doesn’t occur until year six. Other exceptions that could extend the medical malpractice deadline are if the doctor acts carelessly by leaving a foreign object inside your body that isn’t discovered until later.
Loss of Consortium
As briefly mentioned above, loss of consortium refers to a claim filed after an accident where an adverse change occurred for the victim. This could refer to a loss of companionship or care. The claim must be filed within four years, starting when the date of injury began to cause problems.
Workers Comp
The statute of limitations for filing for workers’ compensation after a workplace accident is short. Victims only have one year from the incident or diagnosis of the illness or injury to file a claim.
Possible Exceptions
The Georgia statute of limitations for personal injury cases could be extended when the victim is a minor (under 18). Other “tollings,” as extensions are often referred to, could also include mental incapacity, fraud, injuries, medical problems, bankruptcy, or product defects that could not be reasonably identified within the time constraint.
Potential extensions include if the defendant has an active caseload related to the cause of action and if the defendant moves before the plaintiff files a lawsuit. Related to the latter, the clock will be paused in
Georgia until they reside here again. However, if you are able to get service of process while they are outside of the state, this doesn’t apply.
A full list of Georgia’s statute of limitations can be found on the Secretary of State’s website under the Official Code of Georgia link.
Cases Involving Government Agencies
Things are more complicated in cases involving a government agency, and additional deadlines could invalidate your claim. Many government agencies are entitled to what’s called a 6–12 month “ante litem notice.” This means the plaintiff must notify the entity responsible for their injury within a specific time frame, or they forfeit their right to pursue a suit. Government organizations that require an ante litem notice include municipalities, counties, and states. It’s worth noting that city entities must be put on notice properly within six months from the date of loss, and county and state entities must be put on notice within one year from the date of loss. Ante litem notices can be very complicated, which is why you would want to hire an attorney if your claim has any government involvement. Missing an ante litem notice could mean your claim is lost forever leaving you with no ability to recover.
Government bodies also require a certain method of notification and meet set requirements. This means that information about the case must be turned over to the entity’s legal representation or town/city/county officials.
Municipalities
Cases against municipalities require an ante litem notice within six months from the date of loss, according to Georgia Code Section 36-33-5. Failure to file this written notice will result in the loss of your claim.
Counties
Claims must be presented against a county within 12 months under Georgia Code Section 36-11-1. The exception to this rule are minors and disabled people who may be able to toll by 12 months from the
termination of the tolling condition.
State
Suits against the state of Georgia, under O.C.G.A. 50-21-26, require 12 months’ written notice from when the injury was or should have been discovered. For more information on filing against the state, consult the Georgia Tort Claims Act.
Each branch and organization within the government has different rules on how long you have to make a claim and how it is presented, hence the importance of consulting with an attorney for specific legal advice on your potential claim.
How Can I Start the Process of a Claim?
Your Montlick personal injury attorney will work closely with you to ensure all details are included and nothing is missed when filing your claim. When preparing the paperwork and filing, we’ll ensure the suit complies with all regulations set by the state of Georgia. Working with us will give you the best chance of a successful outcome in court.
Selecting the Right Court and Location
Most cases will start at the Georgia Superior Court, which handles criminal and civil matters. The state has 49 individual court circuits, each serving at least one of Georgia’s 149 counties. Your attorney will know the proper court your lawsuit should be filed within– you can’t just file in any circuit. Generally speaking, you can pursue a case where the defendant lives, where you were hurt, or where the defendant has a business.
Why Are Statutes of Limitations in Place?
Statutes of limitations for personal injury claims are not unique to Georgia. Many states have statutes of limitations to protect both the claimant and the victim.
Additionally, the limitations are in place to:
- Encourage plaintiffs to file and resolve their claims in a timely manner.
- Prevent defendants from being forced to defend themselves when the evidence has deteriorated or disappeared.
- Encourage accident victims to litigate the issues involving accidents before the memory of the persons involved starts to fade.
- Prevent the courts from being overloaded with personal injury claim cases until the end of time.
Does Georgia Have a Limit on PIP Damages?
Unlike many states, Georgia does not cap personal injury damages. However, punitive damages may be limited under O.C.G.A. § 51-12-5.1(g). The state limits punitive damages to $250,000, except under product liability cases, which does not have a limit. Note that punitive damages are a rare occurrence and only occur in a narrow set of circumstances.
If you sue the state of Georgia, your liability is capped at $1 million per person and $3 million per incident under O.C.G.A. § 50-21-29 (b)(1). The state is also not liable for paying out punitive damages.
Damages You May Receive
You may be able to receive personal injury damages for your accident. Damages will be negotiated between you, the at-fault party, your Montlick attorney, and the insurance companies. If your case goes to trial, the judge and jury may also play a role in determining the total amount received, including both economic and non-economic damages. Your case may also go to mediation at some point during the claim or litigation process.
Economic damages apply to monetary values necessary to help the injured party recover, such as medical bills, lost income, and property damages/loss. Non-economic damages apply to intangible losses such as pain and suffering, emotional distress, disfigurement, loss of enjoyment of life, and loss of consortium.
What If I Miss The Deadline?
Unfortunately, if you miss the deadline to file your personal injury case, unless there’s a valid extension available to you, your legal claim no longer exists. You cannot pursue compensation in court, and the at-fault party is not obligated to negotiate a settlement with you. Legally, your claim is dead in the water.
Moving quickly to file or bring a claim is crucial for protecting your rights. Securing representation from an experienced Montlick personal injury attorney is the first step in doing so. We’ll use our extensive resources, decades of legal knowledge, and skills to win you maximum compensation. You deserve justice. Let us help you get it.
Don’t Delay. Call Montlick Today.
After an accident, you’ll probably have a lot of questions. A skilled personal injury attorney from Montlick will sit by your side and patiently answer each one you have during your free consultation. We pride ourselves on providing our clients compassionate, comprehensive legal care.
Our attorneys will aggressively go after your right to compensation, using our firm’s 40+ years of legal expertise to work for you. Whatever the cause of your personal injury case may be, we’ll work tirelessly to protect your rights. Let us worry about the best way to legally present your case while you focus on your recovery to be the best version of you.
Contact Montlick Injury Attorneys for our exceptional legal assistance with your personal injury claim. Call today to schedule your 100% free consultation. We promise you’ll speak to an attorney and not just our receptionist.
