When an injury occurs due to someone else’s actions or on their property, you may wish to collect damages via a personal injury lawsuit. Before you can begin the lawsuit itself, though, you must file a personal injury claim. Unfortunately, you don’t have forever to take action and recover compensation to help cover the costs associated with your injury. There is a time limit for pursuing a lawsuit in Georgia, which is known as the statute of limitations.
In Georgia, the Personal Injury Statute of Limitations is typically two years from the date of the injury. While there are some exceptions, most of them only pause the Personal Injury Statute of Limitations rather than extend or reset it entirely.
Regardless of the circumstances of your case, it’s important to understand the statute of limitations. It affects your ability to seek compensation, and there are legal implications for filing late, including potential case dismissal.
Thompson Law is experienced in handling time-sensitive claims and can help you act promptly if you’re considering a personal injury lawsuit. Below, we break down what you need to know about the personal injury statute of limitations in Georgia, including exceptions, consequences for filing late, and how to ensure you file within the time limit.
A statute of limitations is the legal time limit within which a court complaint can be filed. It dictates when a private individual in a civil case must file a lawsuit, or when a government prosecutor must bring criminal charges against a defendant in a criminal case.
In most cases, the statute of limitations starts when the injury, crime, or wrongful act occurs. However, this is not always true; in some cases, the clock may not start ticking until the harm is discovered (discovery rule).
Each state has its own statute of limitations for civil and criminal cases. The timeframes may vary depending on the type of case (civil, criminal, or contractual) and jurisdiction.
Regardless of its length, once this period comes to an end, legal claims and prosecution are both typically barred. That’s why it’s crucial to understand and adhere to the deadlines that apply to your case.
According to The Official Code of Georgia Annotated § 9-3-33 (O.C.G.A.), the statute of limitations for personal injury lawsuits in Georgia is two years after the date of injury. This timeframe applies to common personal injury cases like car accidents and slip-and-fall incidents.
If you’re interested in pursuing a personal injury lawsuit, you must file a claim within the statute of limitations. Otherwise, your claim may be dismissed, and you may lose your right to collect compensation.
Failing to file a claim within Georgia’s Personal Injury Statute of Limitations can have serious consequences. If you miss the deadline, your case will likely be dismissed, and you may lose the opportunity to recover compensation for your injuries, medical expenses, lost wages, and other damages. The Personal Injury Statute of Limitations in Georgia generally gives victims two years from the date of the accident to take legal action.
However, there are exceptions. Certain circumstances can extend or toll (pause) the statute of limitations. For example, if the injured party is a minor, mentally incapacitated, or if the injury was not discovered right away (as in cases involving hidden injuries), the court may allow more time to file. Fraud or newly uncovered evidence can also impact the timeline. Even with these exceptions, the rules surrounding the Personal Injury Statute of Limitations are complex and strictly enforced.
In most cases, missing the Personal Injury Statute of Limitations deadline means permanently losing your right to seek justice. That’s why it’s critical to speak with a qualified personal injury attorney as soon as possible to evaluate your case, preserve your rights, and ensure all deadlines are met.
There are a few main exceptions to the statute of limitations for personal injury claims in Georgia. In circumstances like these, the statute may be tolled or extended. Let’s take a closer look at instances that may be an exception to the normal time limit.
Georgia’s statute of limitations for personal injury claims may begin later than the day of the injury if the injury or its cause wasn’t immediately apparent.
For instance, a plaintiff may receive a delayed diagnosis of a medical condition or harm caused by exposure to toxins. In this case, should the plaintiff decide to sue the party who exposed them to the toxins that led to their injury, they have two years from the date of discovery, not the date of injury.
This is thanks to the discovery rule, which permits tolling the statute of limitations until the plaintiff first discovers or reasonably should have discovered the injury.
If a defendant leaves the state of Georgia, which makes it impossible for a plaintiff to file their claim within the standard timeframe, the statute of limitation may pause. A defendant who engages in fraud or hides the injury (or their role in it) may also cause delays that could affect the statute of limitations. This exception is to allow a plaintiff time to deal with an evasive defendant.
Plaintiffs who are mentally ill or incapacitated may have the statute of limitations on their cases tolled until they are no longer incapacitated. This gives them additional time to practice their right to file a lawsuit.
In cases where a plaintiff was under 18 at the time of the injury, the Personal Injury Statute of Limitations may be paused, or “tolled,” until the plaintiff reaches the age of 18. Once they turn 18, the Personal Injury Statute of Limitations clock begins, giving them two full years to file a claim.
Acting within the Personal Injury Statute of Limitations is essential if you’re seeking compensation after an accident. This legal deadline dictates how long you have to take action, and missing it could mean losing your right to recover damages. However, navigating all the legal information and court procedures within the Personal Injury Statute of Limitations can be overwhelming. That’s why it’s crucial to consult with an experienced attorney at Thompson Law.
Thompson Law can assist clients like you in fully understanding the Personal Injury Statute of Limitations that applies to your case. We ensure your claim is filed accurately and on time, helping you avoid delays or costly mistakes. With deep knowledge of the law, we’re equipped to manage complex cases, identify any exceptions to the Personal Injury Statute of Limitations, and work to secure the maximum compensation you deserve.
Our experience in Georgia personal injury cases helps us ensure our clients’ rights are protected. We’ve recovered over $1.9 billion for our clients across dozens of unique personal injury cases. And, thanks to our contingency fee model, you don’t pay for our services unless we win money for you.
Don’t wait to take action if you’ve been involved in a personal injury incident and are considering pursuing a lawsuit. Under Georgia’s Personal Injury Statute of Limitations, you typically have two years from the date of the injury to file a claim. The clock starts ticking on the date of the incident – with some exceptions – which means the time to act is now. Failing to file within the Personal Injury Statute of Limitations could result in losing your right to compensation altogether.
Consulting a lawyer is one of the simplest but most effective steps you can take to protect your rights, build a strong case, and ensure you file properly. Contact Thompson Law today for a free consultation to get started. And remember – you won’t pay unless we recover compensation for you.
Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $1.9 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.
State law limits the time you have to file a claim after an injury accident, so call today.
