Statute of Limitations for Personal Injury Claims in Georgia

Understanding the statute of limitations for personal injury claims in Georgia is important for anyone seeking legal recourse after an injury. The statute of limitations dictates the time frame within which a lawsuit must be filed. Failing to file within this period can result in the loss of the right to seek compensation. Let’s take an in-depth look at the various statutes of limitations applicable to personal injury cases in Georgia.

General Personal Injury Claims

• Time Limit: 2 years from the date of injury. sbwc.georgia.gov
• Legal Reference: O.C.G.A. § 9-3-33.
• Details: Applies to injuries resulting from negligence, such as car accidents, slips and falls, or other incidents where another party is at fault.

Medical Malpractice

• Time Limit: 2 years from the date of the negligent act or omission.
• Statute of Repose: No action can be brought more than 5 years after the date of the act or omission, regardless of when the injury was discovered.
• Legal Reference: O.C.G.A. § 9-3-71.
• Details: Provides a maximum 5-year window to file, even if the injury isn’t immediately apparent.

Wrongful Death

• Time Limit: 2 years from the date of death.
• Legal Reference: O.C.G.A. § 9-3-33.
• Details: May be tolled under certain circumstances, such as when the estate has not yet been probated.

Claims Against Government Entities

• State Government: Notice of claim must be presented within 12 months of the injury. (rules.sos.georgia.gov)
• County or City Government: Notice of claim must be presented within 6 months of the injury.
• Legal Reference: O.C.G.A. § 50-21-26.
• Details: These notices are prerequisites to filing a lawsuit and are separate from the statute of limitations for the lawsuit itself.

Workers’ Compensation

• Time Limit: 1 year from the date of injury to file a claim.
• Legal Reference: O.C.G.A. § 34-9-82.
• Details: If the employer provided medical treatment, the claim must be filed within 1 year of the last authorized treatment. If income benefits have been paid, a change-in-condition claim must be filed within 2 years of the last payment.

Product Liability

• Time Limit: 2 years from the date of injury.
• Statute of Repose: No action may be brought more than 10 years after the product was first sold.
• Legal Reference: O.C.G.A. § 51-1-11.
• Details: Covers injuries caused by defective or dangerous products.

Minors and Legally Incompetent Individuals

• Time Limit: Tolling applies until the individual reaches the age of majority or is declared competent.
• Legal Reference: O.C.G.A. § 9-3-90.
• Details: Once tolling ends, the standard statute of limitations applies.

The above information is based on the Official Code of Georgia Annotated (O.C.G.A.) and is intended for informational purposes. For specific legal advice or assistance with a personal injury claim, please contact Jamie Ballard Law at 404-301-1687 or visit jamieballardlaw.com.