Learn About the Georgia (GA) Statute of Limitations: Personal Injury

Aggrieved patients have only two years from the date of injury to bring a lawsuit for medical malpractice. Medical malpractice claims for wrongful death can be initiated by a victim’s spouse, child of legal age, parent, or sibling.

In some specific circumstances, the time limit to file a case of medical negligence could be extended to five years. However, with medical malpractice, the clock doesn’t start ticking when you receive improper medical treatment unless you suffered an injury simultaneously. The time starts to count only when the damage or harm to your body is discovered.

If you need more information on these exceptions, consider hiring a personal injury lawyer.

Dog Bites

The injured person can file a lawsuit within two years in Georgia regarding dog bite injuries. If your child or a minor has suffered from dog bite injuries, you can sue on their behalf.

Wrongful Death Claims

A wrongful death lawsuit in Georgia has a two-year statute of limitations after the fatal accident. In such an instance, only four categories of people may file a claim for the benefit of a deceased loved one.

If the deceased person is married and has minor children, their spouse is responsible for filing the wrongful death lawsuit. Most of these lawsuits are filed on behalf of the children, but the spouse of the deceased is entitled to a third of any recovery. If the victim doesn’t have a spouse and their children are of adult age, they are responsible for filing the lawsuit.

If the deceased person doesn’t have a spouse or children of legal age, the manager of the estate can bring the case to court under Georgia law.

Workplace Injury

Personal injuries at the workplace in Georgia are not subject to the two-year deadline. You can only file for workers’ compensation claims within one year after the accident or injury occurred, or the illness was diagnosed.

Vehicle Accident Claims in Georgia

One of Georgia’s most common personal injury lawsuits is related to auto accidents. You can file an individual injury car accident claim within two years of the incident. The statute of limitations countdown for car accidents begins when an accident occurs.

If the victim died in the accident, it becomes an issue of wrongful death. In that case, the case would follow the same rules for that specific cause of action mentioned earlier.

What If You Are Injured Because of a Government Entity or Employee?

Personal injury cases involving the government are subject to different procedures. First of all, the person who suffered an injury must first file a special claim with the government agency itself before they can file suit in civil court. In addition, Georgia’s personal injury statute of limitations period is significantly shorter in these cases. In other words, you’ll have months from the date accident occurred to sue certain municipalities or up to a year to hold the state or a county accountable.

Can the Statute of Limitations Be Extended?

In Georgia, the statute of limitations usually cannot be extended, so filing your case as soon as possible is essential.

If your injury occurred a while ago, you might be wondering if you still have time to bring your claim before a court. If that is the case, consider hiring an Atlanta auto accident lawyer who will be able to determine exactly how much time you have left to file a suit based on the facts you provide.

Important Exceptions

Though the general rule is to respect the specified duration of the statute of limitations, the law allows for some exceptions in some instances.

The statute of limitations can be tolled, meaning you may have more time than two years to present your case. For example, if a minor suffered a personal injury due to another’s actions, the statute of limitations only starts to count after the minor turns 18.

The Georgia Supreme Court also has the power to suspend the statute of limitations in cases of emergency, such as during the COVID-19 pandemic. There may be other exceptions to the statute of limitations.

If you’d like to know whether you still have time to file your personal injury case, consider scheduling a one-on-one consultation with a personal injury lawyer who can properly analyze your case and answer any questions you might have.