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

After a car wreck, truck crash, or fall, most people are focused on getting medical care and getting back to work, not on legal deadlines. But Georgia law sets firm time limits on injury claims, and missing one can end a claim no matter how strong it is. CAM LAW helps injured people throughout Carrollton, Carroll County, and West Georgia understand these deadlines early. Here's an overview.

The General Rule: Two Years

Under O.C.G.A. § 9-3-33, most lawsuits for injuries to the person must be filed within two years after the right of action accrues, which in most accident cases is the date of the injury. This applies to many common claims, including car accidents, truck accidents, motorcycle accidents, and slip-and-fall injuries.

Two years can sound like plenty of time, but investigating a claim, gathering medical records, and negotiating with insurance companies takes time. Waiting until the last few months can limit your options.

Property Damage Claims: Four Years

Claims for damage to property, such as the repair or replacement of your vehicle, generally have a four-year limit under O.C.G.A. § 9-3-31. Even so, it's usually best to handle property damage and injury claims together and promptly.

Claims Against a City, County, or the State

If a government vehicle, employee, or property was involved, much shorter notice deadlines can apply. This is called an ante litem notice, a formal written notice of the claim that must be given before a lawsuit can be filed.

• Cities: Generally within six months of the injury (O.C.G.A. § 36-33-5).
• Counties: Generally within twelve months (O.C.G.A. § 36-11-1).
• The State of Georgia and state agencies: Generally within twelve months under the Georgia Tort Claims Act (O.C.G.A. § 50-21-26).

These notices have specific content and delivery requirements, and Georgia courts enforce them strictly. If your crash involved a police car, a city or county truck, a school bus, or a dangerous condition on public property, talk to an attorney right away.

Injuries to Children

When the injured person is a minor, Georgia law generally pauses (or "tolls") the two-year limit for the child's own claim until the child turns 18 (O.C.G.A. § 9-3-90). However, a parent's separate claim for the child's medical expenses may follow a different timeline, and government notice deadlines may still apply. Families should not assume they can wait.

Why Your Share of Fault Matters Too

Georgia follows a modified comparative fault rule (O.C.G.A. § 51-12-33). If you are found partly at fault, your recovery is reduced by your percentage of fault, and if you are found 50 percent or more at fault, you cannot recover damages. Insurance companies often try to shift blame early, which is one more reason to document the scene, get medical care, and avoid recorded statements before speaking with a lawyer.

Steps to Protect Your Claim Now

• Get medical treatment and follow your provider's instructions.
• Keep copies of the crash or incident report, photos, medical bills, and records of missed work.
• Write down what happened while it's fresh, including witness names and contact information.
• Be careful about giving recorded statements or signing releases with an insurance company.
• Talk to an attorney early, especially if a government entity may be involved.

For more on the first days after a crash, see our guide After an Accident.

Attorney advertising. This blog post is provided for general informational purposes only and does not constitute legal advice. Deadlines depend on the specific facts of each case. Contact CAM LAW directly to discuss your situation.

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