How Long Do I Have to File a Personal Injury Claim in Georgia?

An unexpected accident can change every part of your life. A car crash, an act of medical negligence, or another form of carelessness can result in serious injuries, medical expenses, and lost income. If you or a loved one has been harmed, the law provides a path to recovery, but that path remains open only for a limited time.

In Georgia, the right to bring a personal injury lawsuit or other civil claim is controlled by strict legal deadlines known as statutes of limitations. If a claim is not filed before the deadline, the court will likely dismiss it, regardless of its merits. Understanding how Georgia’s statute of limitations applies to your situation is essential to protecting your right to compensation.

At The TD Injury Firm, our Georgia personal injury lawyer guides injury victims through every stage of Georgia’s legal process. We carefully track filing deadlines and build strong, well-documented claims. If you have questions about your rights and available legal actions, review the time limits outlined below, and contact us for a free consultation.

How Does the Statute of Limitations Work in the State of Georgia?

The statute of limitations is the time period Georgia law allows for filing a civil claim. Once that time expires, the court will usually dismiss the case, even if the evidence is strong.

In Georgia, this rule applies to nearly all personal injury cases. For example, if someone is injured in a car accident, the statute of limitations sets the time limit for holding the at-fault driver legally responsible.

When Does the Statute of Limitations Start in Georgia?

The statute of limitations period in Georgia typically begins on the date the injury occurs. In most personal injury cases, especially auto accidents and other negligence claims, the clock starts on the day the harm happens.

In certain, limited circumstances, Georgia law recognizes what’s known as the discovery rule. This applies when an injury or its cause is not immediately known and could not have been discovered through reasonable diligence. For instance, in some medical malpractice or latent injury cases, the two-year clock may begin when the injury is discovered or reasonably should have been.

However, these exceptions are narrow, and Georgia courts generally measure time from the date of injury. For medical malpractice claims, a separate statute of repose generally bars any claim filed more than five years after the negligent act, even if the harm was just discovered.

How Does the Discovery Rule Work in Personal Injury Cases?

In Georgia, the discovery rule may delay the start of the statute of limitations only in specific, narrowly defined cases. It generally applies when the injury or its cause is not immediately known and couldn’t reasonably have been discovered at the time it occurred.

This principle is most often applied in medical malpractice or latent injury situations — not typical auto accidents. For example, if a surgical instrument is left inside a patient, Georgia law allows the claim to be filed within one year of discovering the object, even if more than two years have passed since the surgery.

In most negligence cases, including car accidents, the statute of limitations begins on the date of the incident, even if symptoms appear later. Georgia courts rarely extend the deadline based on delayed symptoms alone.

How Long After an Accident Can You Sue in Georgia?

The deadline for filing a lawsuit in Georgia depends on the type of case. Below are the main time limits that apply to personal injury and related civil claims.

Personal Injury

Most personal injury lawsuits in Georgia must be filed within two years of the date of the injury under O.C.G.A. § 9-3-33.

Wrongful Death

Surviving family members generally have two years from the date of death to file a wrongful death claim.

Auto Accidents

If the accident caused bodily injury, the deadline is two years from the date of the crash. Property damage claims, such as vehicle repairs, can be filed within four years under O.C.G.A. § 9-3-32.

Property Damage

When only property damage is involved, such as damage to a vehicle or structure, Georgia law allows four years to file a claim under O.C.G.A. § 9-3-32.

When Can the Statute of Limitations Be Extended in Georgia?

In some cases, Georgia law allows extra time to file a personal injury or civil claim. This pause, known as tolling, temporarily stops the statute of limitations clock under certain conditions.

Tolling may apply when:

• The injured person is under 18 years old.
• The injured person has a mental incapacity.
• The at-fault party leaves Georgia before a lawsuit can be filed.

Other exceptions may also extend the deadline:

• If a related criminal case is pending, the civil statute of limitations may be extended until that case concludes.
• Claims against a city, county, or the state of Georgia require strict pre-suit written notice. Under Georgia law, notice must be provided within six months for claims against cities and within twelve months for counties or the state.
  • These notices don’t give you more time to file your case. Instead, they’re a required step before you can sue. If you skip this step, your case may be dismissed, even if it’s within the time limit.
• If the defendant hides their wrongdoing or commits fraud to delay discovery of the claim, the filing period may be extended.

These exceptions are narrow and depend on the facts of the case. Acting quickly helps protect your right to pursue compensation under Georgia law.

What Happens if I Miss the Filing Deadline?

If a lawsuit is not filed before the statute of limitations expires, the court will almost always dismiss the case. This applies even if the evidence is strong or the injury is severe. Once the deadline passes, the injured person generally loses the right to recover compensation through the courts.

Because Georgia courts strictly enforce these deadlines, filing early is the best way to protect your claim. Waiting too long can prevent recovery for medical bills, lost wages, and other damages, regardless of who was at fault.

At The TD Injury Firm, we track every deadline under state law carefully and manage the filing process from start to finish. Our team reviews each case to determine when the statute of limitations began, whether any exceptions apply, and what steps are needed to preserve your claim. By acting early, we help you avoid missed deadlines and keep your right to seek compensation under Georgia law.

What Damages Can I Recover by Filing a Personal Injury Claim in Georgia?

A successful personal injury claim in Georgia may allow recovery for both economic and non-economic losses, depending on the facts of the case. These damages can include:

• Medical expenses, including hospital care, rehabilitation, and future treatment.
• Lost wages and reduced earning capacity.
• Property damage repairs or replacement.
• Pain, suffering, and emotional distress.
• Loss of companionship or consortium in serious injury or wrongful death cases.
• Punitive damages in cases involving reckless or intentional conduct.

At The TD Injury Firm, we evaluate every aspect of a client’s losses to determine the full scope of damages that may be recoverable under Georgia law. Our team gathers documentation, consults with medical professionals when necessary, and builds a case that reflects the true impact of the injury. By developing a complete understanding of your financial and personal losses, we work to pursue fair compensation through negotiation or litigation.

Why Choose The TD Injury Firm

Selecting the right law firm after an injury can have a lasting impact on your case. At The TD Injury Firm, we provide every client with the attention, communication, and support they need during a difficult time. Our team understands how disruptive an accident can be and works closely with each person to build a clear strategy, gather evidence, and explain every stage of the process.

Our firm is guided by a commitment to diligent representation, open communication, and thorough case preparation. We take the time to understand the unique circumstances of each case and maintain consistent contact so clients always know what to expect. From the first meeting through resolution, we handle each claim with care and respect for the challenges our clients face.

Whether the case involves a serious car accident, wrongful death, or another injury caused by negligence, we are dedicated to pursuing justice and helping clients move forward under Georgia law.

Free Consultations for Injury Victims

Our personal injury attorney offers a free consultation to help you understand your rights and the legal options available to you. During this conversation, our team reviews the details of your situation, explains relevant Georgia deadlines, and discusses how the law may apply to your claim.

There is no obligation to continue after the consultation. This meeting is an opportunity to receive clear guidance and decide on the next steps that are right for you.

Testimonials

“Tracy and her team took really good care of me. From my initial conversation and throughout the entire process Tracy was compassionate and attentive. She kept me informed and updated regularly on the status of my case. She made sure that I received the care that I needed first and foremost. Thank you Tracy and your team.” — Lemar G.

“I’m very grateful and extremely satisfied with Tracy at TD injury associates. From the beginning to the end she was professional and very thorough with each interaction we had. After contacting her immediately after my accident the process from start to finish was quick for my case and again she was always transparent and professional and patient taking the time to answer any and all of my questions regarding my case. I would highly recommend her and this firm as I thought this was going to be long and drawn and an overall daunting process, it just simply wasn’t. Many many thanks to Tracy and TD injury associates for their time and effort with my case.” — Chazz J.

“This is an amazing firm that took amazing care of me. They gave me the best resources to help me make a speedy recovery. Tracy continue to keep me totally updated throughout the process. She is very professional and extremely good at what she do.” — Dwayne T.

Frequently Asked Questions

What if Someone Dies From Their Injuries Before a Case Is Filed?

When an injured person passes away because of an accident, their family may bring a wrongful death claim and, in some cases, a separate survival action for losses suffered before death. Both types of claims must follow Georgia’s two-year statute of limitations, starting from the date of death unless an exception applies.

Can I Still File if the Other Driver Cannot Be Located?

Yes. If the at-fault driver leaves the state or cannot be found, Georgia law allows tolling, which pauses the statute of limitations until the person can be served or located. This helps prevent a case from being lost due to the defendant’s absence.

Why Is It Important to Speak With a Lawyer Early?

Even though the personal injury statute allows up to two years for most claims, early legal guidance helps protect key evidence and witness information that may fade or disappear over time. At The TD Injury Firm, we begin investigating promptly to preserve documentation, medical records, and accident details that can strengthen your case.

Discuss Your Georgia Personal Injury Case With The TD Injury Firm

If you or someone you care about has been injured in an accident in Atlanta or anywhere in Georgia, it is important to understand your legal rights before time runs out. Georgia’s statute of limitations sets strict deadlines for filing a claim, and once those dates pass, recovery through the courts is rarely possible.

The TD Injury Firm can help you review your situation and timeframe, identify applicable deadlines, and determine the next steps for pursuing a personal injury claim. Our team handles each case with care, focusing on communication, organization, and timely action.

Call 404-595-1991 or complete our online contact form to schedule a free consultation. During this meeting, we will discuss your case, explain how Georgia’s laws apply, and help you decide how to move forward.