Georgia’s Personal Injury Laws Explained: What is the Statute of Limitations for Personal Injury?

Key Points:

• A statute of limitations is the time period within which you must file your legal claim.
• If the statute of limitations runs out before you file a lawsuit, you may never receive compensation for lost pay, medical expenses, or pain and suffering related to your personal injury claim.
• In Georgia, the statute of limitations for most personal injury claims is two years, meaning that legal action must be filed in Court within that time frame to pursue compensation for damages.
• Georgia’s personal injury statute of limitation can, in some limited circumstances, be extended – or may even be shorter – some of which are explained in this article.
• Because the consequences of missing a personal injury statute of limitations can be severe, it is usually best consult with a lawyer or law firm that specializes in personal injury cases.

Table of Contents

Defining “Statute of Limitations”

A statute of limitations is a crucial time frame within which individuals must file their legal claims. This legal time limit is enforced in all states, including Georgia. If you or your loved one has suffered an injury, it’s essential to seek legal assistance as soon as possible. Failing to act within the statute of limitations period can result in the inability to file a lawsuit, which may prevent you from receiving compensation for lost wages, medical expenses, and pain and suffering.

It’s important to note that Georgia’s Statutes of Limitation vary depending on the type of claim you’re making. Therefore, we strongly recommend that you consult with our or another law firm immediately, as there are exceptions to these general statements. By seeking legal help early on, you can ensure that you’re fully aware of the statute of limitations that applies to your situation and can take the necessary steps to protect your legal rights.

Wrongful Death Claims

In instances where a wrongful death lawsuit can be pursued. In the state of Georgia, the typical timeframe to initiate such a claim is within two years from the date your loved one passed away.

OCGA § 51-4-2: Describes the right to recover for the wrongful death of a spouse or parent.

OCGA § 51-4-4: Addresses the right to recover for the wrongful death of a child.

OCGA § 51-4-5: Outlines the right to recover for the wrongful death of a sibling.

Georgia Statute of Limitation for Personal Injury Actions

You can bring a personal injury action in Georgia if you have been injured at the hands of another person or company. Injuries stemming from car accidents, truck accidents, motorcycle accidents, dog bites, and slip and falls are common personal injury actions. You must usually file your claim within two years from when your injury occurred.

In the Official Code of Georgia Annotated (OCGA), the statute of limitations for personal injury cases can be found under Title 9, which covers Civil Practice. Specifically, refer to OCGA § 9-3-33, which states:

“Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.”

This code section establishes that personal injury actions generally must be brought within two years from the date the cause of action accrues.

Georgia Statute of Limitation for Medical Malpractice Actions

Medical malpractice occurs when a medical professional causes you injury because he or she was negligent, this is known as medical negligence. Generally, in Georgia you have to file your claim within two years of the date of the incident that caused your injury. In some rare Georgia cases, you may have up to five years from the date of the action to bring your claim.

In the Official Code of Georgia Annotated (OCGA), the statute of limitations for medical malpractice actions can be found under Title 9, which covers Civil Practice. Specifically, refer to OCGA § 9-3-71, which states:

“(a) Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.

(b) Notwithstanding subsection (a) of this Code section, in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred.”

This code section establishes that medical malpractice actions generally must be brought within two years from the date the injury or death occurred, but there’s an ultimate deadline of five years from the date of the negligent or wrongful act or omission, regardless of when the injury was discovered.

Georgia Limitation Period for Medical Malpractice Actions Based on a Foreign Object Left in Body

If a surgical sponge or tool is left in your body, you have a cause of action. The limitation period for most cases of this type in Georgia is one year from the time the negligent act was discovered.

Georgia Products Liability Case Statute of Limitation

If you are injured by a product that was either had a design defect or a manufacturing defect, you may have a claim known as a products liability case, and you may be able to recover money for your injury. In Georgia most products liability cases must be filed within two years of the date of your injury, but there is also a ten year limitation period following the date of manufacture known as a statute of repose.

In the Official Code of Georgia Annotated (OCGA), the statute of limitations for products liability cases is covered under Title 9, which pertains to Civil Practice. Specifically, refer to OCGA § 9-3-33, which states:

“Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.”

Although this code section doesn’t explicitly mention products liability cases, it generally governs personal injury actions, including those arising from defective or dangerous products. Consequently, products liability cases in Georgia typically have a two-year statute of limitations from the date the cause of action accrues.

Georgia’s Special Statute of Limitation Rules for Minors

In most cases involving an injury to a minor (other than wrongful death or medical malpractice), the statute of limitations doesn’t start to run until a minor turns 18 years of age.

Georgia’s special statute of limitation rules for minors are designed to protect their legal rights when they are too young to take legal action themselves. These rules can be found in the Official Code of Georgia Annotated (OCGA) under Title 9, which covers Civil Practice.

The general rule for minors is found in OCGA § 9-3-90, which states:

“Minors and persons who are legally incompetent because of mental retardation or mental illness, who are such when the cause of action accrues, shall be entitled to the same time after their disability is removed to bring an action as is prescribed for other persons.”

This provision essentially “tolls” or suspends the statute of limitations for minors (and persons who are legally incompetent) until their disability is removed. In the case of minors, the disability is typically removed when they turn 18 years old.

However, there are exceptions to this rule, and they can be found in OCGA § 9-3-92, which states:

“The time during which a person is a minor shall not be computed in the time of limitation for the commencement of actions under this chapter except for actions for the recovery of personal property or money due upon a contract or for the recovery of real property or for a penalty or forfeiture.”

This exception means that the general rule of tolling the statute of limitations for minors does not apply to certain types of cases, such as those involving recovery of personal property, money due upon a contract, recovery of real property, or penalties and forfeitures.

It is important to consult with a legal professional or review the most recent version of the OCGA to ensure you have accurate and up-to-date information, as laws can change over time.

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