When you’re injured or suffering a loss, the last thing you want to think about is deadlines. But in Georgia, the statute of limitations sets a strict time limit for filing a personal injury lawsuit. Missing that window can permanently bar your right to compensation, no matter how strong your case may be.
At Lazenby Law Group, we’ve seen too many deserving claims jeopardized by confusion about deadlines. This article will break down Georgia’s rules on statutes of limitations, the most common exceptions, and why timely legal action is essential.
The Standard Rule in Georgia
Under O.C.G.A. § 9-3-33, the statute of limitations for most personal injury claims is two years from the date the cause of action accrues. In plain terms, that usually means you have two years from the date of the incident to file suit in court.
This two-year period applies to most personal injury and wrongful death cases in Gainesville and across the state, including:
- Car wrecks and trucking collisions
- Premises liability (e.g. trip or slip-and-fall)
Importantly, medical negligence cases must be analyzed a bit differently; especially when addressing allegations of a failure to properly diagnose a condition. Additionally, all professional negligence cases require a great deal of preparation before proceeding to a lawsuit. Consequently, if you believe you have a medical or other professional negligence case, you should consult a lawyer about appropriate deadlines urgently.
Regardless of the type of case, with very few and rare exceptions, if you don’t file before that statute of limitations deadline expires, your chance to bring the matter before the court is gone, no matter how serious your injuries are.
Tolling Provisions: When the Clock Pauses
Georgia lawmakers have made provision for a limited set of circumstances where the applicable statute of limitations may be paused, or “tolled”. The most common situations where the statute of limitations is tolled include:
- Minors – If the injured party is under 18, the statute of limitations does not begin until they reach legal adulthood (with the exception of cases involving medical negligence). This means that for personal injury cases where the plaintiff is a minor, the minor has 2 years from their 18th birthday to file the portion of the case involving claims belonging to the minor. However, to the extent some portions of the case may result in claims made by the minor’s parents, that tolling provision likely does not apply.
- Mental Incompetence – If a victim is declared mentally incompetent, the clock is paused until competency is restored (with the exception of cases involving medical negligence).
- Criminal Charges – If the at-fault party is facing criminal charges relating to the same incident that caused the injury, with regard to the claims against the alleged perpetrator held by the victim, the statute may be tolled until those charges are resolved in court. Again, however, the “criminal charges” tolling provision does not apply to wrongful death actions.
- Fraudulent Concealment – If a defendant actively hides the cause of action (for example, concealing a medical error), the statute may be tolled until discovery.
These tolling provisions can provide relief in very specific cases, but they’re applied narrowly. It is far better to avoid relying on any purported tolling exceptions if timely filing is in any way possible. Courts expect plaintiffs to act diligently once they know—or should know—that they’ve been harmed. The clock begins the day your injury or loss accrues, and it is important for plaintiffs to be proactive in their own interest.
Common Challenges for Plaintiffs
Even with the law spelled out, real-world cases often run into timing complications. It is extremely important to work with an experienced personal injury attorney promptly after you have sustained the injury to ensure that your rights are upheld and your damages are appropriately brought to bear in the case.
Some cases are complex, involving multiple defendants or a challenging medical situation. A wreck involving several drivers or a malpractice cases with multiple providers, can make coordinating your claims challenging. Each defendant must be addressed within the applicable timeframe. Insurance companies often prolong settlement talks, and actively mislead unrepresented persons, hoping the statute of limitations will expire.
Legal counsel is crucial, especially in these more challenges cases.
What This Means for Gainesville Residents
Delaying too long after an accident can close the door to compensation, regardless of the cause. Whether because you’re focused on recovery, overwhelmed with medical bills, or unsure about your rights, ask for legal advice.
Even if you’re not ready to pursue a lawsuit, consulting an attorney early allows you to understand your options, preserve critical evidence, and ensure you don’t miss Georgia’s filing deadlines.
How Lazenby Law Group Can Help
At Lazenby Law Group, we’ve successfully handled personal injury cases across the state, including complex claims involving trucking collisions, medical malpractice, and wrongful death. We know the statutes inside and out, and we make sure our clients’ cases are filed properly and on time.
We also know that every case is unique. Tolling rules, exceptions, and extensions can make the statute of limitations less straightforward than it seems. That’s why it’s essential that an experienced Gainesville personal injury attorney reviews your situation as quickly as possible after the damages are sustained.
Contact Us Today
If you’ve been injured, don’t leave your rights to chance. Contact Lazenby Law Group today for a free consultation. We’ll review your case, explain how the statute of limitations applies to your situation, and help you take the right steps before time runs out.
