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

According to Cornell Law School, a statute of limitations “is any law that bars claims after a certain period of time passes after an injury. The period of time varies depending on the jurisdiction and the type of claim.” 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 Accidents

Most personal injury claims arising from a vehicle accident generally need to be filed within two years, under Georgia’s general personal injury statute of limitations in O.C.G.A. § 9-3-33.

If the person you’re filing on behalf of died in the accident, it then becomes a wrongful death suit, which will still generally follow the same two-year deadline to file, with the rights and order of eligible family members set out in O.C.G.A. § 51-4-2. There are some exceptions to the rule, such as a minor’s claim, which may be brought up to two years after the minor reaches the age of majority in some circumstances.

Dog Bite Injuries

Animal attack cases are considered another form of personal injury claim, meaning they also generally fall under the two-year statute of limitations in Georgia set by O.C.G.A. § 9-3-33.

Assault and Battery Injuries

If you were intentionally harmed by someone, you are generally able to file a personal injury claim under the same two-year statute of limitations in O.C.G.A. § 9-3-33. In assault and battery cases, you may be able to sue the offender for compensation for your injuries and other negative effects they caused, so long as the claim is brought within this two-year period.

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 O.C.G.A. § 51-4-2, only certain people can file a wrongful death claim on someone’s behalf. In order by priority they are:

  • The deceased individual’s surviving spouse;
  • If no spouse, the deceased individual’s children;
  • The deceased individual’s parents;
  • The administrator of the estate or executor, if there is no one else.

 

Slip and Fall Accidents

Under O.C.G.A. § 9-3-33, your slip and fall claim must be filed within two years. The clock starts on the day of the accident.

Pedestrian Accidents

If you were injured in a pedestrian accident, you generally have two years to file a claim. Failing to act within this window will result in losing your right to receive compensation, unless an exception applies.

Product Liability/Defective Products

Filing a claim for a defective product also has a statute of limitation. In Georgia, most product-related injury cases follow the general two-year personal injury deadline under O.C.G.A. § 9-3-33.

As a practical rule, this two year period typically runs from the date of injury.

Unlike other suits, product liability claims are also subject to a separate 10-year statute of repose, which generally means strict product liability claims are to be filed within the two year deadline and cannot be brought more than ten years after the product was first sold as new, under O.C.G.A. § 51-1-11(b)(2).

Georgia law recognizes that the 10 year repose rule is not absolute in every circumstance. Exceptions to this rule may allow certain claims to proceed include situations described in O.C.G.A. § 51-1-11(c), such as:​

  • Reckless or intentional disregard for property or life by the manufacturer.
  • Products that cause a birth defect or certain diseases.
  • Failure to warn of a latent danger arising from product usage.

 

Whether an exception applies is fact specific and may depend on the product, the nature of the alleged defect, what the manufacturer knew, and the warnings provided.

Loss of Consortium

Loss of consortium is a legal claim that allows the husband or wife of a seriously injured person to seek compensation for what they have lost in the marriage, such as companionship, affection, and support. Only a legally married spouse can bring this claim in Georgia. The clock starts on the date of the underlying injury, and the spouse has four years to file under O.C.G.A. § 9-3-33. Note that if the injury arose from medical malpractice, a shorter two-year malpractice deadline applies instead.

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 fall under personal injury but have their own rules. The general deadline is two years. However, Georgia also has a Statute of Repose under O.C.G.A. § 9-3-71(b), which sets a hard five-year outer limit on most medical malpractice claims, regardless of when the injury was discovered. Limited exceptions may apply, such as cases where a foreign object was left inside the body.

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.

Government bodies also require a certain method of notification and must 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.

Ante litem notices can be very complicated, which is why hiring an attorney is helpful if your claim has any government involvement. Missing an ante litem notice could mean your claim is lost, 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.

The State of Georgia

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

Personal injury cases in Georgia are most often filed in the State or Superior Court of the county where the lawsuit belongs. The state has 51 individual court circuits, each serving at least one of Georgia’s 159 counties. Your attorney will know the proper court your lawsuit should be filed within – you can’t just file in any circuit. Generally speaking, venue rules allow you to 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.

Does Georgia Cap Personal Injury Damages?

Unlike many states, Georgia does not cap compensatory damages. Compensatory damages are your actual losses like medical bills, lost wages, and pain and suffering.

However, punitive damages, money that can be awarded to punish a defendant for especially reckless behavior, are limited under O.C.G.A. § 51-12-5.1(g) to $250,000 in most cases. There are three main exceptions where this cap does not apply:

  • The defendant acted with specific intent to harm you.
  • The defendant was under the influence of alcohol or non-prescribed drugs at the time.
  • The case involves a defective product.

In product liability cases, there is no dollar cap on punitive damages, however a portion of the punitive award must be paid to the State of Georgia rather than to you. Punitive damages are rare and only apply when a defendant’s conduct was especially extreme or reckless.

If you are suing the State of Georgia, different rules apply. The state’s total liability for any non-punitive damages is capped at $1 million per person and $3 million per incident under O.C.G.A. § 50-21-29(b)(1). The state cannot be ordered to pay punitive damages at all.

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.

Don’t Delay. Call Montlick Today.

At Montlick Injury Attorneys, we’ve represented victims throughout Georgia for over 40 years, helping them secure compensation for medical care, lost income, and long-term recovery needs. Our legal team investigates each case thoroughly to hold negligent parties accountable and ensure victims receive the justice they deserve.

Call 1-800-LAW-NEED or contact us for a free consultation with an attorney. We are available 24/7 to discuss your case and help you understand your rights.