In Georgia, you generally have two years from the date you were hurt to file a personal injury lawsuit. Miss it, and the claim is almost always gone, no matter how strong it was. Some claims have much shorter deadlines, and those are the ones that catch people off guard.
The main deadlines
Personal injury (car wreck, fall, dog bite): 2 years from the injury. O.C.G.A. § 9-3-33.
Wrongful death: 2 years from the death. O.C.G.A. § 9-3-33.
Damage to your car or other property: 4 years. O.C.G.A. § 9-3-31.
Claim against a city (for example, a city vehicle or city sidewalk): written notice within 6 months. O.C.G.A. § 36-33-5.
Claim against a county: claim presented within 12 months. O.C.G.A. § 36-11-1.
Claim against the State of Georgia: written notice within 12 months. O.C.G.A. § 50-21-26.
Government claims: the six-month trap
If a city bus, police car, county truck or a government-maintained road was involved, you may have to send a formal written notice long before the two-year deadline. For a city, that's six months. The notice has its own rules about what it must say and who must receive it, and a mistake can end the claim. If a government vehicle or property played any part in your injury, call a lawyer right away.
Settlement talks don't stop the clock
Talking with an adjuster doesn't extend your deadline. Insurers know the date too. A claim that's "still being reviewed" at 23 months gives you very little leverage. The only way to protect the claim is to settle it or file suit in time.
Other things that can change your deadline
Injured children. A child's own injury claim usually doesn't start running until they turn 18. But a parent's claim for the child's medical bills follows its own timeline, so don't wait.
Uninsured motorist claims. If you're making a claim on your own UM coverage, your insurer must be properly served within the deadline too.
Pending criminal or traffic cases. In some situations, the deadline is paused while a related criminal or traffic case is pending. It depends on the facts, so don't count on it without a lawyer's review.
Bottom line
Two years sounds like a long time. In practice, gathering records, finishing treatment and negotiating takes most of it. Start early, and if a government entity is involved, start now.
Not sure how much time you have? Call (770) 376-5314 for a free case review.
This post is general information, not legal advice, and reading it doesn't create an attorney-client relationship.
