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A personal injury statute of limitations identifies the amount of time an injured victim has to file a lawsuit against a defendant. Some injured victims are shocked to learn they are not afforded an unlimited amount of time. But like other states, Georgia has adopted a statute of limitations to light a fire under victims and get them to file in a timely fashion. A statute of limitations ensures that courts will decide legal disputes with fresh evidence.
Moffitt Law, LLC, is an established law firm that can file your lawsuit before the expiration of the Georgia personal injury statute of limitations. Call us today to speak with Tyler Moffitt, our Carrollton, GA, personal injury lawyer. We can review how much time remains and, if necessary, file a suit quickly to protect your rights.
The Personal Injury Statute of Limitations in Georgia is Two Years (Generally)
O.C.G.A. § 9-3-33 is the relevant statute. It states that actions for personal injuries should be brought within two years of when the right of action accrues. For most accident victims, the clock will begin the day you were hurt.
This two-year limitation period applies to most types of accidents:
- Car collisions
- Truck accidents
- Pedestrian accidents
- Bicycle crashes
- Motorcycle collisions
- Slip and falls
- Premises liability claims
- Negligent security cases
Suppose a distracted driver hits your car as you pull out of the driveway on July 3, 2025. You must file your case within two years of the day of the crash, which is July 3, 2027.
Exceptions to the Two-Year Limit
There are some situations where a person will get more or less time to bring an action:
- Loss of consortium claim. This is a claim for damage to a person’s relationship. It has a four-year statute of limitations.
- Defamation cases. These cases have a one-year statute of limitations.
- Minors. Since children cannot file lawsuits, an underage victim gets more time. The statute of limitations begins to run on the day they turn 18.
- Missing defendant. If the defendant is out of the state of Georgia, then the clock might be paused if you cannot serve them with a legal complaint.
- Delayed discovery of your injury. Some injured victims do not immediately know they are hurt. For example, someone could have inhaled black mold for months in their apartment, only to come down ill several months later. The “discovery rule” applies in some situations, giving victims two years from the day they discovered their injury or should have discovered it.
It’s also critical to realize you need to move quickly if you were hurt by a government employee. You can sue the government in limited cases, but you must give notice of your claim within 12 months. Moffitt Law, LLC, can help injured victims determine if they have a legal claim against the state of Georgia or a subdivision.
What Happens if You Wait Too Long?
Going over this deadline is a problem, and you could easily lose the right to obtain any compensation from a defendant. The defendant will probably ask a judge to dismiss the case for being filed outside the limitations period, and the judge will undoubtedly agree. That will mean you cannot obtain compensation from the defendant.
Hire a personal injury lawyer quickly. We can make sure your case is filed before the expiration of the personal injury statute of limitations. That will at least protect you, even if we ultimately negotiate a favorable settlement for your injuries.
Why Did Georgia Adopt a Statute of Limitations?
This law might not seem rational. After all, a defendant should not be able to get away with hurting you if they are at fault for the accident.
However, the state has tried to balance many competing interests. One is ensuring that defendants can fairly defend themselves. Over time, evidence can disappear, or witnesses might die or move away. By forcing accident victims to file their legal claim within two years, a defendant has fair notice and can begin to build a defense.
And two years is enough time if victims hire a seasoned lawyer quickly after getting hurt. Let your lawyer focus on building a legal claim. You can remain focused on healing and reconnecting with family.
Call Our Office Today
Moffitt Law, LLC, pays attention to all critical deadlines and will move swiftly to ensure our clients meet their legal obligations. Under the Georgia statute of limitations, personal injury cases must be filed promptly. Contact us to schedule a free consultation with a member of our office.
