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Georgia Personal Injury Statute of Limitations Injury Claims

Feb 13, 2024 - Personal Injury

Navigating the complexities of the Georgia personal injury statute of limitations can be daunting for those seeking compensation for their injuries.

Missing the deadline could mean losing your chance for legal recourse.

It’s a confusing process, leaving many unsure where to seek help.

But worry not, we’ll delve into Georgia’s statute of limitations on injury claims, offering clarity and guidance to those navigating this complex legal landscape.

What is the statute of limitations for personal injury in Georgia?

In Georgia, personal injury cases have a statute of limitations of about two years from the injury date. This is why it’s crucial to file your lawsuit within this timeframe to seek compensation. Keep in mind, that exceptions exist if the injury isn’t immediately discovered, possibly extending the limitation. 

However, this period entirely depends on the types of personal injury cases, as you’ll soon see

Understanding the statute of limitations is crucial because if you lose your right to file a claim, you may lose your right to pursue compensation for your injuries.

That’s why it’s essential to act quickly and seek legal advice as soon as possible after an accident. For example, an experienced Duluth personal injury lawyer will analyze your case, determine the time limit for filing a lawsuit, and help you take the necessary steps to protect your rights.

 

Need help navigating the statute of limitations on injury claims?

Are you feeling overwhelmed by the complexities of the statute of limitations for injury claims? Don’t worry; you’re not alone.

Navigating these legal deadlines can be daunting, but our experienced team is here for you. Whether you’re unsure about filing timeframes or need guidance on exceptions, we’ve got you covered.  

Don’t let these limitations hinder you. Contact us today for assistance and to safeguard your rights.

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(470) 975-7193

Georgia personal injury statute of limitations by injury type

Wondering about the Georgia personal injury statute of limitations by injury type?

Understanding what is a personal injury is one thing, but understanding what is the statute of limitations on personal injury lawsuit cases and personal injury claims time limits can help you navigate your legal options effectively.

Below, we’ve outlined the statute of limitations for various types of personal injuries:

Assault, battery, and other intentional torts

When it comes to assault, battery, and other intentional torts, the statute of limitations in Georgia is governed by OCGA 9-3-33. According to this law, the timeframe for filing a lawsuit for these types of personal injuries is generally two years from the date of the incident.

Bicycle accidents

Bicycle accident cases in Georgia are subject to the same statute of limitations as other types of personal injury cases.

Pursuant to Georgia law, specifically Georgia Code § 9-3-33, individuals injured in bicycle accidents have two years from the date the accident occurred to file a lawsuit seeking compensation for their injuries and damages.

cyclist lying on the road after being hit by a car with a grazed elbow

Boating accidents

In Georgia, individuals injured in boating accidents typically have two years from the date of the incident to file a lawsuit for compensation for their injuries and other losses resulting from the accident.

Brain injuries

For brain injury cases in Georgia, the statute of limitations typically follows the state’s personal injury laws.

As per Georgia Code § 9-3-33, individuals who have suffered brain injuries generally have two years from the date of the incident to file a lawsuit seeking compensation for their injuries, medical expenses, and other related damages.

Burn injuries

Georgia Code § 9-3-33 states that individuals who have sustained burn injuries typically have two years from the date of the incident to file a lawsuit seeking compensation for their injuries, pain and suffering, and other losses resulting from the accident.

Car accidents

According to Georgia Code § 9-3-33, the car accident statute of limitations in Georgia is two years from the date of the incident to file a lawsuit for personal injury or property damage resulting from the accident.

If you’ve been involved in a car accident in Georgia that wasn’t your fault, get in touch with us today for a free consultation

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(470) 975-7193

Construction accidents

For construction accident cases in Georgia, the statute of limitations typically follows the state’s personal injury laws.

Again, Georgia Code § 9-3-33 states that individuals injured in construction accidents typically have two years from the date of the incident to file a lawsuit seeking compensation for their injuries, lost wages, and other related damages.

Dog bites

Dog bites also fall under Georgia Code § 9-3-33, and so individuals who have suffered dog bites typically have two years from the date of the incident to file a lawsuit seeking compensation for their injuries, medical expenses, and other losses resulting from the attack.

Drunk driving accidents

Being the victim of a drunk driver in a car accidents falls under the same guidelines as a “regular” car accident does in Georgia. Therefore, you have two years from the date of your injury to file charges.

Failure to file charges within this window could result in the dismissal of your case. Therefore, it’s crucial to take prompt legal action if you’ve been involved in a drunk driving accident to ensure your rights are protected within the prescribed time limits.

Intentional infliction of emotional distress

According to Georgia Code § 9-3-33, individuals who have suffered emotional distress due to intentional actions typically have two years from the date of the incident to file a lawsuit seeking compensation for their injuries, including loss of consortium and loss of companionship and related damages.

Libel, slander, and defamation

For libel, slander, and defamation cases in Georgia, the limitations for personal injury claims typically follow the state’s personal injury laws.

Pursuant to Georgia Code § 9-3-33, individuals who have been defamed typically have one year from the date of the publication of the defamatory statement to file a lawsuit seeking compensation for related damages.

Mass tort

In Georgia, the statute of limitations for mass tort cases varies depending on the specific circumstances of each case.

It is essential to consult with an experienced Georgia personal injury lawyer to determine the applicable statute of limitations for your mass tort claim and ensure that you file your lawsuit within the required timeframe.

a stethoscope, gavel and a book on a wooden table

Medical malpractice

In the state of Georgia, medical malpractice claims are typically subject to the state’s medical malpractice laws when it comes to statute of limitations.

According to Georgia Code § 9-3-71, those injured due to medical negligence generally have a window of two years from the date of the negligent act to pursue legal action and seek compensation.

However, there are exceptions, with some cases it can also be extended up to a maximum of five years to file a lawsuit. It’s essential to consult with a knowledgeable attorney to understand the specific limitations that apply to your situation.

Motorcycle accidents

Motorcycle accidents in Georgia are also governed by § 9-3-33, and so you have two years from the date of the incident to file a lawsuit for personal injury or property damage resulting from the accident.

Negligence

As you’d might expect, the majority of personal injuries that weren’t your fault, in our experience, tend to happen as a result of negligence rather than intentional harm.

Individuals injured as a result of another party’s negligence generally have two years from the date of the incident to file a lawsuit seeking compensation for their injuries, financial losses, and other related damages, as per Georgia Code § 9-3-33, which governs the Georgia negligence statute of limitations.

No matter the source of the negligence, call us today so we can discuss your needs in more detail. We’re available 24/7

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(470) 975-7193

Nursing home abuse/neglect

In Georgia, the statute of limitations for nursing home abuse and neglect cases also falls under Georgia Code § 9-3-33.

Therefore, those who have suffered abuse or neglect in a nursing home typically have two years from the date of the incident to file a lawsuit seeking compensation for physical and emotional distress, and other related damages.

Pedestrian accidents

Pedestrian accidents tend to be the result of being struck by a vehicle. Naturally, you have two years from the date of the incident to file a lawsuit for personal injury or property damage resulting from the accident.

Product liability

As per Georgia Code § 9-3-33, individuals who have been injured by a defective product typically have two years to file from the date of the incident to file a lawsuit seeking compensation for their injuries and other related damages.

However, it’s important to note that Georgia also has a 10-year statute of repose for product liability cases, which may apply in certain circumstances.

Slips and falls

For slips and falls cases in Georgia, according to Georgia Code § 9-3-33, individuals who have been injured in a slip and fall accident generally have two years from the date of the incident to file a lawsuit seeking compensation for their injuries, medical expenses, and other related damages.

Spinal cord injuries

Spinal cord injuries are, as you’d might expect, are incredibly serious, yet those of you on the wrong side of pain and suffering have two years from the date of the incident to file a lawsuit for personal injury or property damage resulting from the accident, as Georgia Code § 9-3-33 states.

Truck accidents

According to Georgia Code § 9-3-33, individuals involved in truck accidents generally have two years from the date of the incident to file a lawsuit for personal injury or property damage resulting from the accident.

We specialize in truck accident personal injury cases. Contact us today for a free case evaluation!

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(470) 975-7193

Vaccine injuries

When it comes to vaccine-related injuries, the process differs slightly from other personal injury cases.

Individuals who believe they have suffered a vaccine-related injury or death must file a claim with the U.S. Court of Federal Claims within a specific timeframe. Typically, this window is three years from the onset of initial symptoms.

Additionally, in cases of vaccine-related deaths, claims must be submitted within two years of the date of death of a loved one or within four years after the onset of the first symptom of the vaccine-related injury, whichever occurs first.

It’s crucial to adhere to these timelines to ensure your rights are protected and your claim is considered valid under the National Vaccine Injury Compensation Program (VICP).

Work injuries

For work injury cases in Georgia, the statute of limitations typically follows the state’s workers’ compensation laws.

According to Georgia Code § 34-9-82, individuals injured in a work-related accident generally have one year from the date of the injury to file a workers’ compensation claim seeking benefits for medical expenses, lost wages, and other related damages.

worker with safety glasses on lying on the floor with an injured elbow or shoulder

Wrongful death

Georgia Code § 9-3-33 also states that the Georgia statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person’s death.

Personal injury statute of limitations in Georgia exceptions

Despite the timeframes above being somewhat robust, there are exceptions to these time limits that can affect your ability to file a lawsuit.

Here are some key exceptions to the statute of limitations in Georgia:

Discovery rule

In types of cases where the injury was not immediately apparent, the statute of limitations may be extended.

This rule allows the clock to start ticking from the date the injury is discovered or reasonably should have been discovered, rather than the date of the accident.

Tolling

Certain circumstances may “toll” or temporarily toll the statute of limitations. For example, if the injured party is a minor or is deemed mentally incompetent, the statute of limitations begins to run until they reach the age of majority (the age of 18) or regain competency.

Exceptions for medical malpractice

In cases of medical negligence, Georgia law has specific provisions regarding the statute of limitations.

For instance, there is a five-year statute of repose for medical malpractice cases, meaning that regardless of when the injury is discovered, the lawsuit must be filed within five years of the date of the negligent act.

lawyers sat at a desk with a tablet and book

Need guidance on statute of limitations injury claims?

Are you unsure about the statute of limitation for personal injury in Georgia? Don’t worry; we understand how overwhelming legal deadlines can be. 

Our experienced team is here to guide you through every step of the process. Whether you’re unsure about filing your claim or need help understanding exceptions to the statute of limitations, we have a personal injury attorney here to support you.

Reach out to us today for personalized assistance and to safeguard your rights to get the compensation you deserve.

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(678) 800-1050

Michael and his team is proud to serve the greater Metro Atlanta area, including but not limited to:

Key takeaways on the GA personal injury statute of limitations

Navigating the statute of limitations for personal injury cases in Georgia can be complex, but understanding some key takeaways can help you protect your rights effectively:

  • In Georgia, the statute of limitations for most personal injury cases is generally two years from the date of the injury.
  • There are exceptions to the two-year statute of limitations, such as cases involving medical malpractice or injuries sustained by minors.
  • Failing to file a lawsuit within the statute of limitations period can result in the loss of your right to pursue legal action.
  • Seeking guidance from an experienced personal injury lawyer in Georgia can help ensure that you comply with the statute of limitations deadlines and protect your rights effectively.

Additional reading: Are personal injury settlements taxable in Georgia