What is the Time Limit to File a Personal Injury Lawsuit in Georgia?

If you’ve been injured due to someone else’s negligence, you have a limited time to take legal action. In Georgia, the statute of limitations determines how long you have to file a personal injury lawsuit. Missing this deadline can mean losing your right to compensation.

At The Law Office of Don Edwards, we help victims navigate these legal deadlines and ensure their rights are protected. Understanding how long you have to file a claim, exceptions to the rule, and why acting quickly matters can make all the difference in your case.

Understanding Georgia’s Statute of Limitations for Personal Injury Claims

The statute of limitations for most personal injury cases in Georgia is:

• Two years from the date of injury (O.C.G.A. § 9-3-33)
• Four years for property damage claims related to an accident

This deadline applies to cases involving:
✔ Car accidents
✔ Slip and falls
✔ Medical malpractice
✔ Wrongful death

Failing to file within this timeframe bars you from seeking compensation, making it crucial to act as soon as possible.

Exceptions That Can Extend or Shorten the Filing Deadline

1. Claims Against Government Entities

If your injury was caused by a government agency (e.g., city bus accident, unsafe public property):

• Six months to file a claim against a city
• One year to file against a county or state

These claims require a formal notice, making legal guidance essential to meet the strict procedures and deadlines.

2. Medical Malpractice Cases

Georgia law sets a two-year deadline for medical malpractice lawsuits. However, if the injury is not discovered immediately, you may have up to five years to file (O.C.G.A. § 9-3-71).

Special rules apply for foreign objects left inside a patient’s body—victims have one year from discovery to file.

3. The Discovery Rule

Sometimes, injuries don’t appear immediately. If an injury is discovered later (e.g., internal trauma, exposure to harmful substances), the statute of limitations may begin from the date of discovery.

This is common in:

• Toxic exposure cases (e.g., asbestos-related illnesses)
• Delayed-onset injuries (e.g., brain trauma after an accident)

4. Tolling the Statute of Limitations

Certain conditions pause (toll) the legal deadline:

• Minors: If the victim is under 18, the two-year period starts when they turn 18.
• Mentally incapacitated individuals: The statute is paused until the person is deemed competent.

Why Acting Quickly Matters

Waiting too long to file a claim can:

• Make evidence harder to obtain (witnesses forget details, surveillance footage gets deleted).
• Give insurance companies more time to reduce or deny your claim.
• Delay your financial recovery, leaving you struggling with medical bills.

Building a strong case takes time. At The Law Office of Don Edwards, we help victims take the right legal steps before it’s too late. Learn more in Why Timely Consultation with a Personal Injury Lawyer Matters.

What Happens If You Miss the Deadline?

If the statute of limitations expires, your case will likely be dismissed, and insurance companies will have no obligation to compensate you.

However, certain exceptions may extend your deadline. Even if you think time has run out, consult an attorney immediately to explore your options.

Take the Next Step Toward Justice

If you or a loved one has suffered an injury, don’t risk missing your opportunity for compensation. Attorney Don Edwards has helped countless personal injury victims secure the settlements they deserve.

???? Call The Law Office of Don Edwards today for a free consultation.