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

In Georgia, the standard limitation period for filing a personal injury lawsuit is two years, with a four-year limit for loss of consortium claim by the spouse of the injured person.

O.C.G.A. § 9-3-33 states provides a two year time limit for filing personal injury lawsuits in general, a one year limitation for injuries to reputation, and a four year limit for loss of marital consortium. However, there are many exceptions. An experienced personal injury lawyers can help you navigate the rules to avoid traps for the unwary.

Time limit for filing suit is suspended until criminal charges against the at-fault party are concluded.

If a criminal charge, such as a traffic ticket, arises from the incident, the limitation period is extended until two years after the criminal charge final resolution of the criminal charge. (O.C.G.A. § 9-3-99; Harrison v. McAfee, 338 Ga. App. 393, 788 S.E.2d 872 (2016)). Many times we have found that an unresolved traffic ticket has given a client extra time. But it is dangerous to rely too much on that.

In wrongful death claims, the time limit for filing suit runs from time of death, not time of fatal incident.

Often, a person is fatally injured but lives days, weeks, or months longer. Wrongful death claims time limits are calculated from the time of death and must be filed in court within two years from the death unless other tolling rules apply. OCGA 9-3-33.

For injuries to minors, the time limit for filing suit runs from 18th birthday.

For individuals under 18 at the time of the incident, the limitation period extends to two years after turning 18. Thus, the time limit for most personal injury claims of minors in the 20th birthday. However, it is rarely prudent to wait that long as evidence slips away. (O.C.G.A. § 9-3-90(b)).

For injuries to mentally incompetent people, time limits for filing suit generally run from time disability is removed.

If the injured person is legally incompetent due to mental retardation or mental illness, the limitation period is tolled until the removal of disability. O.C.G.A. § 9-3-90. The test for mental incompetency is whether a person cannot manage the ordinary affairs of his life. Merely mismanaging his affairs, being unclear in his mind, or generally “out of it” is not enough. The suspension of time limits ends when a guardian or “next friend” files suit for the incompetent person. In decades of law practice, we rarely have seen a case in which this was helpful.

For claims of unrepresented estates, the time limit for filling suit is suspended up to five years.

For unrepresented estates of deceased parties, the statute of limitation is tolled for up to five years (O.C.G.A. §§ 9-3-92, 9-3-93).

Fraud may suspend time limits for filing suit.

Fraud preventing the claimant from taking action may toll the statute of limitation under certain circumstances (O.C.G.A. § 9-3-96).

Claims Against Municipalities, Counties, and State Government

  • Claims against state government: In claims against state government in Georgia, a notice of claim must be sent within 12 months of the date the loss was discovered or should have been discovered. O.C.G.A. § 50-21-26. That notice must be in writing specifying the basis of the claim and the amount claimed up to the statutory limit of $1, sent by certified mail or statutory overnight delivery return receipt requested to the Risk Management Division of the Department of Administrative Services, with a copy to the head of the agency involved.
  • Claims against municipalities must be sent within six months of the incident. The statute of limitation is tolled for claims against a municipality between the time a valid pre-suit notice and demand is served and the city takes action (O.C.G.A. § 36-33-5). This does not apply to claims against counties or the state government.
  • Claims against counties must be given to the county governing authority within 12 months. Otherwise, the normal limitation period and tolling rules apply except that “minors or other persons laboring under disabilities shall be allowed 12 months after the removal of the disability to present their claims.” O.C.G.A. § 36-11-1

Defendant Leaves Georgia

If a defendant leaves the state, “the time of his absence from the state until he returns to reside shall not be counted or estimated in his favor.” OCGA 9-3-94.

Medical Malpractice Claims

Medical malpractice claims have a strict two-year statute of limitation. O.C.G.A. § 9-3-73. If a child under age five is injured by medical malpractice, the child’s suit must be filed in court by the seventh birthday. O.C.G.A. § 9-3-73(b). The statute of limitation may be tolled in limited circumstances where the plaintiff or plaintiff’s attorney seeks medical records following strict statutory procedures (O.C.G.A. § 9-3-97.1).

Understanding these rules is vital for compliance with Georgia’s personal injury laws. The interaction of these rules under the facts of individual cases may form traps for the unwary.

If you or a loved one have had a serious injury that was someone else’s fault, submit our inquiry form or call us now at 404-253-7862.

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Johnson & Ward 

Founded in 1949, Johnson & Ward was the first and best personal injury specialty law firm in Georgia. Founders of the firm were among the founders of the Georgia Trial Lawyers Association. Former partners have served as judges of trial and appellate courts, and current partners include former  presidents of the Atlanta Bar Association and State Bar of Georgia.

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Ken Shigley is a senior counsel at Johnson & Ward, started in 1949, which was the first personal injury speciality law firm in Atlanta. A former president of the State Bar of Georgia, he was the first Georgia lawyer to earn three national board certifications from the National Board of Trial Advocacy. Mr. Shigley wrote eleven annual editions of a book about Georgia’s civil trial practice. In 2019, he received the “Tradition of Excellence Award” for lifetime achievement in the legal profession. He graduated from Furman University and Emory University Law School, and completed certificate programs in negotiation and mediation at Harvard Law School. Mr. Shigley has been a widower since 2017. His son is a golf fitness trainer and his daughter works with terminally ill people in hospice. 

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