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WHAT IS GEORGIA’S STATUTE OF LIMITATIONS FOR VARIOUS TYPES OF PERSONAL INJURY CASES?

Hoffspiegel Law Blog

The time limit to file a personal injury lawsuit in Georgia and recover damages depends on the type of your case. The time limit is known as the statute of limitations. 

At Hoffspiegel Law, we are dedicated to fighting for justice on behalf of our clients. No matter how long it has been since you were injured, feel free to contact our knowledgeable attorneys Lloyd and Alex Hoffspiegel so we can determine the best course of action in your particular case. 

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

In Georgia, the statute of limitations for personal injury and some other civil cases is two years from the date of the accident (O.C.G.A. § 9-3-33). The time limit applies to car accidentstruck accidentspremises liability cases, sexual assault, and wrongful death, among others. 

Failure to file a lawsuit within the allowed time period can result in the loss of your right to sue the at-fault party who caused your injury.

Exceptions to Georgia’s statute of limitations

While the time limits for bringing a lawsuit are strict in Georgia, there are a few notable exceptions to the statute of limitations to extend the deadline. 

There are several statutes that address “tolling,” also known as the extension of the statute of limitations when specific circumstances apply. The statute of limitations is tolled when:

  1. The victim is under the age of 18 or legally incompetent to bring a lawsuit due to mental incapacity (O.C.G.A. § 9-3-90); 
  2. Criminal prosecution is pending in addition to a tort action against the defendant (O.C.G.A. § 9-3-99); 
  3. The defendant left Georgia after causing the plaintiff’s injury (O.C.G.A. § 9-3-94). In that case, the statute of limitations is tolled until the defendant returns to reside in the state; or
  4. The defendant used fraudulent tactics to debar or deter the plaintiff from filing a lawsuit (O.C.G.A. § 9-3-96). 

Also, the deadline for bringing a personal injury lawsuit in Georgia can be extended if the plaintiff’s injury or medical condition could not have reasonably been discovered within the statute of limitations. 

What is the time limit for suing a government agency in Georgia? 

Generally, there is a shorter statute of limitations for lawsuits filed against government agencies in Georgia. Many government entities in the state are entitled to the “ante litem notice.” The deadline for the notice can range from six to 12 months. The notice must be given in writing and sent to the government agency via certified mail. 

It means that you must first give notice of your intention to file a lawsuit before suing the government agency responsible for your injury. Speak with a skilled personal injury attorney at Hoffspiegel Law to help you navigate the legal system and sure that you prepare and file a lawsuit within the applicable time limit. 

Contact our attorneys Lloyd and Alex Hoffspiegel as soon as possible to talk about your case and help you seek compensation before the statute of limitations expires. Call (404) 760-8600 to schedule a case review.