Georgia’s Statute of Limitations on Personal Injury Claims
If you’ve been injured in an accident in Georgia—whether from a car crash, slip-and-fall, or defective product—you may be entitled to compensation. But the clock is ticking. Georgia law limits how long you have to file a lawsuit. These legal timeframes are known as statutes of limitations, and missing them can cost you your right to seek justice.
What Is the Statute of Limitations for Personal Injury in Georgia?
Under Georgia law (O.C.G.A. § 9-3-33), the statute of limitations for most personal injury claims is two years from the date of the injury. That means you have exactly two years from the date the incident occurred to file a lawsuit in civil court, whether it was a car accident, motorcycle crash, dog bite, or medical error.
If you don’t file within this period, your case will likely be dismissed, no matter how strong your evidence is. That’s why knowing your injury claim time limits is critical from the start.
Why the Statute of Limitations Matters
Some people put off legal action, thinking they can deal with it once they feel better or life settles down. But waiting can have devastating consequences:
- Lost right to sue: Once the statute expires, the court will likely bar your case entirely.
- Weakened evidence: Witnesses’ memories fade, physical evidence disappears, and documents may be lost.
- Less negotiation power: Insurance companies know the deadline, too. If it passes, they have no incentive to settle.
Legal Timeframes Can Vary by Case Type
While two years is the general rule for personal injury claims, there are several key exceptions and specific applications based on the type of case:
Wrongful Death
In Georgia, a wrongful death claim must be filed within two years of the date of the person’s death, not the date of the accident that caused it.
Medical Malpractice
Also subject to a two-year statute of limitations, but with a five-year statute of repose, are medical malpractice claims. This means no malpractice claim can be brought more than five years after the act of negligence, even if it was discovered later.
Claims Against Government Entities
If your injury involves a government agency—such as being hit by a city vehicle or harmed on public property—you must file a Notice of Claim quickly:
- Six months for city or county governments
- One year for state government
Failing to meet these legal timeframes can forfeit your rights before you even get to court.
Injuries to Minors or Legally Incompetent Individuals
Georgia allows tolling (pausing) of the statute of limitations for minors or people who are mentally incapacitated. In most cases, the two-year countdown begins once the minor turns 18 or the disability ends.
When Does the Clock Start Ticking?
In most cases, the clock begins on the date of the injury. However, in limited circumstances, the discovery rule may apply, especially in medical malpractice or toxic exposure cases. This rule delays the start of the two-year period until the injured party knew or reasonably should have known they were harmed.
It’s important to note that relying on the discovery rule can be risky. Courts apply it narrowly, and proving that you “didn’t know” can be a tough burden. It’s always safer to assume the two-year period begins on the actual date of injury and act accordingly.
What Happens If You Miss the Deadline?
If you file your lawsuit after the statute of limitations expires, the defendant can file a motion to dismiss the case—and it will almost certainly be granted. The court won’t consider whether the delay was understandable or how badly you were injured. The rule is strict.
This means that:
- You lose your chance to have your case heard in court.
- You lose leverage with insurance companies, who are no longer under pressure to settle.
- You absorb the financial burden of medical bills, lost wages, and suffering on your own.
Missing the time limits for an injury claim is one of the most avoidable mistakes a claimant can make. That’s why the sooner you involve an experienced Columbus personal injury attorney, the better.
How a Columbus Personal Injury Attorney Can Help
Navigating Georgia’s personal injury laws isn’t easy, especially when you’re recovering from a serious accident. At Butler Prather LLP, we make sure our clients never miss a deadline and never walk into a courtroom unprepared.
Our team will:
- Evaluate your case early to determine how the statute of limitations applies
- Preserve time-sensitive evidence such as video footage, witness statements, or accident reports
- File all necessary paperwork before the expiration of any applicable deadlines
- Communicate with insurance companies to protect you from lowball offers
- Prepare your case for trial, even if we aim to settle
With over 35 years of experience and success in complex injury litigation, we know how to meet deadlines, manage obstacles, and achieve results. We’ve handled high-stakes cases involving truck crashes, product defects, premises liability, and catastrophic injuries throughout Georgia, including Columbus, Atlanta, Macon, and Savannah.
Tips to Protect Your Personal Injury Case
- Get medical treatment right away. Delayed care can hurt your health and your legal claim.
- Do not delay speaking with an attorney. Every day that passes increases the risk of missing a key deadline.
- Avoid giving recorded statements to insurers without legal counsel.
- Keep documentation of all medical bills, time missed from work, and correspondence.
- Track the statute yourself—but rely on an attorney to confirm and act within it.
Even if you’re unsure whether you have a case, a quick consultation can give you clarity and potentially save your right to sue.
The Statute of Limitations and Settlements
Many people assume that if they’re negotiating with an insurance company, the clock has paused. It hasn’t. Negotiating a settlement does not stop the statute of limitations.
If you don’t file a lawsuit within the two-year window—even if you’re deep into talks—the other side can cut off negotiations the moment the deadline passes. That’s why Butler Prather LLP keeps close watch on the timeline.
Our attorneys pursue negotiations aggressively, but we also prepare every case for litigation from the start to ensure no deadline ever puts our clients at a disadvantage.
Speak With Our Experienced Personal Injury Lawyers in Columbus
At Butler Prather LLP, we have an impressive track record of winning record-breaking verdicts for our clients. Whether you were injured in a car crash, truck accident, product defect case, or workplace incident, we’re here to fight for your future.
Call (706) 322-1990 for a free consultation. Our personal injury lawyers will explain how the statute of limitations applies to your case and stand by you until your case is resolved.