How Long Do I Have to File a Personal Injury Lawsuit in Georgia?
When you have been injured in an accident, one of the most important questions to ask is: How long do I have to file a personal injury lawsuit in Georgia? Timing is critical in these cases, and missing the legal deadline could cost you the ability to recover compensation. At Essa, Janho & Associates, we help injury victims understand their rights and guide them through every step of the legal process.
Georgia’s Statute of Limitations
The statute of limitations sets the deadline for filing a lawsuit. In Georgia, the general statute of limitations for personal injury cases is two years from the date of the accident. This means that if someone is injured on January 1, 2025, they typically have until January 1, 2027, to bring a lawsuit.
If a claim is not filed within this time, the court will usually refuse to hear the case, no matter how strong the evidence may be. Acting within the statute of limitations is essential to preserve your rights.
Exceptions to the Rule
While two years is the standard, there are some important exceptions:
- Wrongful death claims: Families have two years from the date of death to file suit.
- Claims against government entities: Special notice requirements apply, and deadlines can be as short as six months.
- Minors and legally incapacitated individuals: The statute of limitations may be “tolled” until the person turns 18 or the incapacity ends.
Because exceptions vary, it is imperative to consult a Marietta personal injury attorney from our firm promptly to determine how the law applies to your situation.
Why Timing Matters
Although two years may seem like plenty of time, it is never wise to delay. Evidence can disappear, witnesses may be harder to locate, and insurance companies may use delay tactics to weaken your case. Filing early strengthens your claim and ensures your Marietta personal injury lawyer can build the strongest case possible.
Insurance carriers also pay close attention to deadlines. If they believe you are running out of time, they may refuse to negotiate fairly, hoping you will miss the statute of limitations altogether.
What Filing a Lawsuit Includes
Filing a lawsuit does not always mean your case will end up in trial. Most personal injury claims resolve through settlement negotiations. However, filing before the statute of limitations runs out protects your right to pursue compensation, whether through settlement or litigation.
Damages available in a Georgia personal injury lawsuit may include:
- Current and future medical expenses
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Funeral expenses and loss of companionship in wrongful death cases
Contact Our Personal Injury Attorneys Today
In Georgia, the general deadline to file a personal injury lawsuit is two years from the date of the accident. Some exceptions apply, but missing this deadline can mean permanently losing your right to seek compensation.
If you have been injured due to someone else’s negligence, do not wait. Call 770-955-8322 English, or 770-771-3658 Spanish, or contact us online to schedule a free consultation with Essa, Janho & Associates. Our Marietta personal injury lawyers are ready to protect your rights and pursue the compensation you deserve.