How Long Do You Have to File a Personal Injury Claim?

Georgia state law establishes a statute of limitations on personal injury lawsuits that gives you two years from the date of an accident to file suit in most cases. Filing after this deadline passes could lead to the dismissal of your case.

While the statute of limitations applies to personal injury lawsuits and not insurance claims, it can still affect your ability to seek fair compensation for your injuries even if you never file suit. The threat of a personal injury lawsuit is your primary leverage during negotiations with an insurer. Rather than risk issues with the statute of limitations, contact a Georgia personal injury attorney immediately after an accident.

What Is the Purpose of the Filing Deadline?

A statute of limitations is a law establishing a timeframe for initiating legal action against another party. Different deadlines apply to different types of legal actions. In Georgia, the statute of limitations for filing lawsuits concerning injury to a person is two years.

The primary purpose of a statute of limitations is to protect defendants. Without a timeframe, accident victims can pursue cases many years or even decades later, meaning defendants always face the threat of litigation.

Another essential reason for a filing deadline is to ensure the integrity of the evidence. Over time, witnesses’ memories fade, and evidence deteriorates or gets lost. When that happens, juries and judges can’t base their decisions on reliable evidence.

Statutes of limitations facilitate the flow of lawsuits through the court system.

Are All Personal Injury Cases Governed by the Same Deadline?

Most personal injury cases in Georgia have the same statute of limitations. The personal injury statute of limitations allows a two-year timeframe to file a lawsuit. This includes those concerning dangerous products, medical malpractice, and wrongful death.

Are There Exceptions to the Filing Deadline?

Yes. You may be entitled to extend the statute of limitations if any of these factors apply to your case:

• You were a minor at the time of the accident – Since minors cannot bring suits, the statute of limitations on an injury you suffered before reaching majority begins running on the day you turn 18.
• You were legally incompetent at the time of the accident – If a doctor declares you legally incompetent at the time of your injury, you have two years from the date you regain mental competency to file suit.
• The defendant is out of state – If the defendant leaves the state, their absence won’t count toward the two-year timeframe. The clock will start to run again when the defendant returns.

The statute of limitations for medical malpractice allows a two-year timeframe to file a lawsuit. However, the discovery rule can extend the time allowed to file if the harm was not immediately apparent and was only discovered months or years later. The government recognizes that the signs of improper medical care may not be immediately apparent. Therefore, the two-year clock begins ticking on the day you discover or reasonably should have discovered the effects of medical malpractice rather than the day the injury occurred. You can file suit up to five years after the malpractice occurred.

If medical malpractice involves a foreign object left in the body by a negligent surgical team, the statute of limitations allows a one-year timeframe from the date of discovery of the foreign object.

You can extend the statute of limitations if the defendant or another party involved in the claim fraudulently prevented you from discovering your injury. The period for filing a lawsuit won’t start to run until you discover fraud occurred.

Product liability cases follow a two-year statute of limitations. However, the statute of repose extends the filing period if you didn’t immediately discover that a defective product caused your injury. Still, filing a product liability lawsuit more than ten years from the date of use of the unsafe product is not allowed.

What Happens If I File My Case After the Deadline Passes?

If you file a personal injury lawsuit after the statute has already passed, the defendant will likely file a motion to dismiss. The judge will dismiss the case unless you are entitled to extend the filing deadline under state law. Dismissal will cause you to lose your right to demand recovery in civil court.

What Compensation Can I Receive Through a Personal Injury Lawsuit?

The types of compensation you may seek as part of a personal injury case include:

• Doctor and hospital bills,  prescriptions, rehabilitation, and other medical expenses
• Pain and suffering
• Lost wages
• Lost earning capacity
• Out-of-pocket expenses
• Emotional distress
• Diminished quality of life
• Physical impairment or disability
• Property damage

What Should I Do If I Was Hurt in an Accident?

Take the following steps after an accident to protect your rights:

• Report the accident – You should report the accident. For example, if you were in a car accident, call the police. If you were hurt on someone else’s property, report the incident to the property owner or manager.
• Document the scene – Take photos at the accident scene. Visual evidence is valuable in proving the extent of your injuries, who caused them, and other aspects of your case.
• Gather information from those at the scene – Get the names and contact information of the parties involved in the incident. Obtain their insurance information. Speak to bystanders who saw the accident and get their names and phone numbers.
• Seek medical attention – Go to the hospital immediately after leaving the accident scene. It’s important to have a diagnosis of your injuries and begin treatment. A doctor’s evaluation connects your injuries to the accident. Follow any care instructions you receive and keep follow-up medical appointments.
• Beware of insurers – Insurance companies will try to pay as little as possible to settle a claim. You should avoid speaking to insurance adjusters if they call you for information about the accident until you have spoken with an attorney.
• Speak to an attorney – The sooner you consult with a lawyer, the more they can do to help you pursue compensation.

Contact a Georgia Personal Injury Lawyer Today

Attorney R. Alan Cleveland has decades of experience helping injured Georgians seek the compensation they need for accidents caused by the negligence of others. Call or contact us online for a free consultation with a Georgia personal injury lawyer, and get started on your case as soon as possible.

R. Alan Cleveland

An Athens resident Alan Cleveland grew up in Rockdale County. As a founding partner of the personal injury law firm of R. Alan Cleveland, LLC he proudly serves his community and provides skilled representation to injury victims and their families all around Georgia. Alan earned his undergraduate degree from the University of Georgia and went on to graduate, summa cum laude, from Atlanta’s John Marshall Law School. He is also a graduate of Gerry Spence’s renowned Trial Lawyers College (TLC) in Wyoming. In his free time, Alan frequently speaks at continuing legal education seminars. He also volunteered as a youth baseball coach and assists with Georgia’s high school moot court competition held annually. Alan serves as a Trustee of Historic Athens and is a member of the Development Authority of the Unified Government of Athens-Clarke County.

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