The deadline for filing a personal injury lawsuit in Georgia is generally two years, per O.C.G.A. § 9-3-33. There are some exceptions to this deadline. However, it applies to most accident claimants.
This deadline is extremely important. If you miss this deadline, even by a day, you could lose the right to seek damages from the liable party.
What is a Statute of Limitations, and How Does It Apply to Me?
Every state has a statute of limitations for injury cases. These deadlines outline how long claimants have to file their lawsuits. They do not apply to insurance claims; insurers have their own deadlines for those instances.
Some states have different deadlines for injury and wrongful death lawsuits. Georgia does not. Its statute of limitations applies to both situations.
What Determines Your Case’s Filing Deadline?
Ultimately, the legal system in Georgia will determine your eligibility for filing. However, our firm may be able to determine your case’s eligibility by reviewing relevant facts. We can proceed with creating and filing your personal injury lawsuit if you have a case.
What Exceptions Apply to Injury Lawsuits in Georgia?
Earlier, we mentioned that the two-year filing deadline applies to most injury claimants. The keyword here is “most.” Some claimants have longer or shorter filing deadlines.
Reasons for this may include:
- A claimant did not discover their injuries until after the traumatic event passed.
- A claimant was injured as a minor and chose to file a lawsuit once they turned 18.
- A mental disability prevented you from filing your case within the two-year period.
- The defendant left the state, impeding the claims process.
- You didn’t know the defendant’s identity until after the accident occurred.
What Happens If You File Your Case Outside the Applicable Deadline?
Earlier, we mentioned that if you don’t file your case on time, you could lose the right to seek compensation. However, that’s just one possibility. If the courts refuse to hear your case:
- The insurance company may refuse to acknowledge or pay your claim.
- Your case could be dismissed with prejudice, preventing you from filing it ever again.
- You may have to pay for your losses out-of-pocket.
- You may be unable to hold the negligent party accountable for its actions.
When you partner with our firm, you don’t have to worry about filing your case on time. We will review your situation’s needs and file all paperwork within the applicable deadlines.
For a free legal consultation, call 404-214-2001
What Happens If I don’t Resolve My Case Within the Statute of Limitations?
Georgia’s statute of limitations only applies to filing your lawsuit–not resolving it. For instance, suppose you suffered a car accident on September 1, 2020. You would have until September 1, 2022, to file your lawsuit’s paperwork.
As noted, if you file your case within two years, you’re fine. If your lawyer is arguing your case in court and the two-year deadline expires, you’re also fine. If September 2, 2022, comes and you didn’t file your lawsuit, the statute of limitations effectively expires, and you would be unable to pursue damages via the court system.
Filing Your Lawsuit Within the Statute of Limitations Lets You Seek These Damages
By filing your lawsuit within the state-mandated deadline, you preserve your right to pursue these and other damages:
- Medical costs, including hospitalization, painkillers and other medications, doctors’ visits, and other medical-related necessities
- Reduced future earning capacity, which accounts for any harm to your earning power or ability to work at your current job
- Lost wages, including job-related commissions, bonuses, tips, and benefits (like paid time off or insurance coverage)
- Therapy, including physical therapy and mental health services
- Temporary transportation, if your vehicle suffered damage in a collision, and you needed to use alternative forms of transportation
- Wrongful-death related losses, including funeral expenses, embalming, cremation, and the burial plot
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Our Team Does More Than Manage Your Case’s Statute of Limitations
The American Bar Association (ABA) notes that you can manage an injury case on your own. However, many pro se litigants miss certain filing deadlines, namely, the statute of limitations.
Not only can our team track your filing deadlines, but we can also:
- Gather your case’s evidence
- Prove liability and negligence
- Review the applicable insurance policy
- Consult with experts regarding your accident
- Negotiate a settlement
- File your case with the applicable court
- Advise you on your legal options
We perform all of these services on a contingency-fee basis. Our clients don’t pay anything out of pocket or up front for our help.
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Call Kaine Law for a Free Consultation Today
Our team has multiple decades of experience helping victims in Georgia. We are ready to build and manage your injury claim. Call Kaine Law today at (404) 214-2001 for your free consultation. We can also discuss the deadline for filing your personal injury lawsuit.