statute of limitation

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Time limits for personal injury and wrongful death claims in Georgia.

Georgia personal injury claims generally must be filed within two years of the date of injury under O.C.G.A. § 9-3-33. Important exceptions may apply, including tolling for pending criminal charges, wrongful death claims measured from the date of death, extended deadlines for minors and legally incompetent persons, and strict pre-suit notice requirements for claims against cities, counties, and the State of Georgia. Medical malpractice claims follow separate statutory deadlines. Because missed deadlines permanently bar claims, early legal review is critical.

O.C.G.A. § 9-3-33 states provides a two year time limit for filing personal injury lawsuits in general, a one year…

Once again, we often hear from folks after their time has run out. Here’s a question I got last week from a lady who waited way too long.

Q.  When I had my first child in 1994, the MD performed an episiotomy which caused severe nerve damage (sliced through tissue from vagina to rectum). I did not file suit at the time because I was hoping the problem would resolve. It is now 14 years later and the quality of life has suffered terribly due to damage incurred. Is it too late to file suit for damages?

A. Georgia has a rather strict two year statute of limitation in medical malpractice case. Nothing in your question suggests applicability of any of the narrow exceptions. Sorry.