In Georgia, the statute of limitations for personal injury cases typically ranges from six months to four years, depending on the claim type and any applicable special legal rules. Missing this critical deadline can permanently bar you from pursuing the compensation you deserve for your injuries, medical bills, and lost wages.
📌 When you’ve suffered an injury due to someone else’s negligence, time is not on your side. The clock starts ticking from the moment your accident occurred, and insurance companies know that missing the deadline means they won’t have to pay a single dollar for your damages.
Don’t let bureaucratic time limits prevent you from getting the justice and financial recovery you need to rebuild your life.
At Brauns Law Accident Injury Lawyers, PC, we’ve recovered millions for Georgia injury victims by acting quickly and ensuring every claim was filed within the legal deadline. Our results speak for themselves:
- $3.5 million: Woman rear-ended by ambulance wins verdict for neck injuries requiring surgery and lost job as pharmacy technician
- $1,025,000: Hit-and-run settlement provides widow justice after tragedy
- $650,000: Mother and daughter hit head-on, receive combined settlement when vehicle crossed median
Our Duluth personal injury lawyer team is ready to evaluate your case and protect your rights before time runs out
Georgia Personal Injury Statute of Limitations by Injury Type
Each category of injury has its statute of limitations deadlines that determine when you must file a personal injury claim or lose your right to pursue compensation.
📌 Acting quickly is key because once the Georgia statute of limitations expires, even the strongest case becomes worthless in court.
State of Georgia personal injury statute of limitations by type:
| Injury Type | Time Limit | Key Notes |
|---|---|---|
| Vehicular Accidents | 2 years | Covers car, truck, motorcycle, bicycle, and pedestrian accidents; standard deadline for auto-related injury or death claims |
| Boating Accidents | 2 years | Generally treated as negligence; may involve federal maritime law |
| Medical Malpractice | 2 years | Discovery rule may apply; 5-year statute of repose limits late claims |
| Product Liability | 2 years | Injuries from defective products; 10-year statute of repose applies |
| Slip and Fall / Premises Liability | 2 years | Includes injuries from unsafe property conditions |
| Dog Bites | 2 years | Injury claims under Georgia’s modified “one bite” rule |
| Assault, Battery, and Intentional Torts | 2 years | Covers physical or emotional harm caused intentionally |
| Intentional Infliction of Emotional Distress | 2 years | Intentional tort based on extreme and outrageous conduct |
| Defamation (Libel & Slander) | 1 year | Shortest statute; applies to false statements causing reputational harm |
| Wrongful Death | 2 years | Separate from survival actions, may pause if no estate is opened |
| Loss of Consortium | 4 years | Independent claim by a spouse for impact on relationship |
| Government Claims | 6 months (notice) | Notice of claim required within 6 months; lawsuit deadline still 2 years |
| Workplace Injuries | 1 year (workers’ comp) | Handled under Georgia Workers’ Compensation Act, not standard PI law |
| Vaccine Injuries | 3 years (federal) | Handled under the National Vaccine Injury Compensation Program (NVICP) |
Additional reading: can you sue someone for a hit and run in Georgia
Assault, Battery, and Other Intentional Torts
Under O.C.G.A. § 9-3-33, Georgia sets a two-year deadline to file civil claims for assault, battery, and other intentional torts. This time limit typically starts on the date the harm occurred, not when emotional injuries are diagnosed.
Emotional distress claims tied to assault, such as PTSD, generally must be filed within two years of the incident, even if symptoms appear later. Georgia courts rarely extend this deadline unless exceptional circumstances prevent early discovery.
💡 Hypothetical scenario: Someone is assaulted in a parking lot and receives medical treatment that day. Six months later, they’re diagnosed with PTSD. Even though the emotional injury appeared later, the two-year clock likely started on the day of the assault.
If you’re unsure whether your emotional distress claim is still valid, our attorneys can review the timeline and advise on your legal options.
Additional reading: how long does a personal injury lawsuit take
Bicycle Accidents
Bicycle accidents in Georgia fall under the standard two‑year personal injury statute of limitations, which begins from the date the accident occurred. The clock doesn’t pause based on when injuries are discovered, although any claim against a government body requires a six‑month notice.
Data from GDOT and the Georgia Governor’s Office of Highway Safety show that most cyclist‑vehicle collisions result in injury, underscoring the importance of timely legal action, especially since complex liability may arise in cases involving intersection crashes or roadway design issues.
Boating Accidents
Boating accident claims in Georgia generally fall under the state’s two-year statute of limitations for personal injury. However, if the accident occurred on navigable waters—such as a major river or coastal area—federal maritime law 46 U.S.C. § 30106 may apply, potentially giving you up to three years to file a claim.
Because jurisdiction can be complex, it’s important to act quickly and consult legal counsel to determine which deadline applies.
Brain Injuries
Traumatic brain injury (TBI) claims in Georgia generally follow the standard two-year deadline for personal injury cases, starting from the date of the incident.
⚠️ In some cases, the clock may not begin immediately if the brain injury wasn’t reasonably discoverable at the time of the accident. This may apply when symptoms, such as memory loss, mood changes, or cognitive impairment, don’t appear until weeks or months later.
Burn Injuries
Burn injury claims must be filed within the specified two-year period in Georgia. These cases often involve complex medical treatment and multiple surgeries over extended periods, making it essential to work with a personal injury attorney who understands the long-term implications.
Severe burn injuries frequently require years of treatment and rehabilitation, making it vital to calculate future medical expenses accurately when determining compensation.
Car Accidents
Car accident cases represent the most common type of personal injury lawsuits in Georgia, with a standard two-year statute of limitations from the accident date. Georgia follows a modified comparative negligence rule, meaning your compensation may be reduced if you share fault for the collision.
According to Emory University’s research on traffic safety, proper documentation at the scene and prompt medical attention are key to protecting your rights and building evidence for your claim.
💡 Hypothetical scenario: A driver is rear-ended while stopped at a red light. They decline medical treatment at the scene, thinking they’re fine. Months later, worsening neck pain leads to a diagnosis requiring spinal surgery. Because they waited, the insurer disputes the injury’s connection to the crash, highlighting the importance of immediate evaluation and documentation.
Construction Accidents
Construction accident claims typically fall under Georgia’s two-year statute of limitations for personal injury cases. However, suppose you were injured while working on the job site. In that case, your claim may instead fall under the Georgia Workers’ Compensation Act, which generally gives you one year to file a claim with the State Board of Workers’ Compensation under O.C.G.A. § 34-9-82.
📌 These incidents often involve multiple liable parties, such as general contractors, subcontractors, or equipment manufacturers, so it’s important to assess whether you have a third-party injury claim in addition to any workers’ comp benefits.
Dog Bites
Georgia’s statute of limitations for dog bite claims is two years from the date of the attack. While some states follow strict liability, Georgia applies a modified “one bite rule”, which requires showing that the dog was known to be dangerous or that the owner failed to follow local leash laws.
⚠️ Because liability hinges on proving the owner’s prior knowledge or negligence, gathering evidence, like witness statements or animal control reports, early in the process is essential.
Drunk Driving Accidents
Drunk driving accident cases in Georgia follow the standard two-year statute of limitations for personal injury claims. However, because impaired driving involves reckless and willful misconduct, victims may be entitled to punitive damages under O.C.G.A. § 51-12-5.1, which are awarded to punish and deter egregious behavior.
⚖️ These damages are available when the driver’s actions go beyond ordinary negligence, such as driving under the influence, and can significantly increase compensation beyond what’s typically awarded in standard injury cases.
Intentional Infliction of Emotional Distress
Claims for intentional infliction of emotional distress (IIED) must be filed within two years under Georgia’s standard statute of limitations for personal injury claims.
To succeed, the plaintiff must prove that the defendant’s conduct was intentional or reckless, and so extreme and outrageous that it exceeds all bounds of decency. Ordinary insults, rudeness, or insensitivity generally do not qualify.
Libel, Slander, and Defamation
Defamation claims—including libel and slander—have a one-year statute of limitations in Georgia. This is one of the shortest filing deadlines for civil torts in the state.
The time limit typically begins on the date the defamatory statement was first published or communicated to a third party. Delayed discovery of the statement does not pause or extend the deadline.
Mass Tort
Mass tort cases—such as those involving defective drugs, medical devices, or environmental hazards—often involve complex statute of limitations issues, especially when injuries are not immediately apparent. While Georgia’s standard personal injury deadline is two years, courts may pause or extend the clock under legal doctrines like the discovery rule or tolling for class actions or MDL participation.
These cases frequently involve multiple jurisdictions and coordinated litigation, so it’s essential to confirm whether Georgia law or federal procedural rules apply to your specific claim.
Medical Malpractice
Medical malpractice claims in Georgia generally must be filed within two years of the date of injury, as outlined in O.C.G.A. § 9-3-71(a). In some cases, the discovery rule may apply—for example, when a surgical sponge is left inside the body and the injury isn’t immediately apparent.
⚠️ However, Georgia also enforces a strict five-year statute of repose under O.C.G.A. § 9-3-71(b), which bars claims entirely if not filed within five years of the malpractice, even if the harm was discovered later.
To succeed in a medical negligence case, plaintiffs must present expert testimony showing how the provider deviated from the accepted standard of care.
Motorcycle Accidents
Motorcycle accident claims follow Georgia’s standard two-year statute of limitations for personal injury. These cases often result in serious injuries due to the rider’s limited protection compared to enclosed vehicles.
💡 Hypothetical scenario: A motorcyclist is struck by a distracted driver and suffers multiple fractures. They focus on recovery and don’t speak with an attorney until nearly two years later. By the time they try to file a claim, the statute of limitations has expired, making them ineligible for compensation, even though the other driver was clearly at fault.
This highlights why it’s important to act quickly, even when injuries are severe and recovery takes time.
Negligence
The Georgia negligence statute of limitations is typically two years from the date of injury. Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33, which allows plaintiffs to recover damages only if they are less than 50% at fault for the accident. Any compensation awarded is reduced in proportion to the plaintiff’s degree of fault.
⚖️ If you’re found partially responsible, your compensation is reduced in proportion to your share of fault. For example, if you’re 30% at fault, you can still recover, but your award would be reduced by 30%.
Nursing Home Abuse/Neglect
Claims involving nursing home abuse or neglect in Georgia must be filed within two years of the date the injury occurred. Because these cases often involve elderly or incapacitated patients, abuse may go unreported or undetected for extended periods, making early investigation especially important.
Families should act quickly to document signs of neglect, preserve medical records, and seek legal advice, especially if the victim is unable to speak for themselves.
Pedestrian Accidents
Pedestrian accident cases have a two-year statute of limitations in Georgia. These cases often involve serious injuries due to the vulnerability of pedestrians when struck by vehicles.
Pedestrian accidents frequently occur at intersections and crosswalks, making traffic signal timing and visibility conditions important factors in establishing liability.
Product Liability
Product liability claims must be filed within two years of the date of injury in Georgia. However, a statute of repose under O.C.G.A. § 51-1-11 bars claims if the product has been on the market for more than ten years, regardless of when the injury occurred.
These cases often involve defective design, manufacturing errors, or failure to warn. Because of the strict deadline imposed by the statute of repose, it’s critical to identify the product’s sale date early in the investigation.
Slips and Falls
Premises liability claims for slip and fall accidents have a two-year statute of limitations in Georgia. Property owners have a duty to maintain safe conditions and warn visitors of known hazards.
⚖️Georgia law requires proving that the property owner had actual or constructive knowledge of the dangerous condition that caused your fall.
Spinal Cord Injuries
Spinal cord injury cases in Georgia follow the two-year statute of limitations for personal injury claims. Because these injuries often result in permanent disability, loss of earning capacity, and lifetime medical care needs, the legal and medical stakes are extremely high.
📌 Immediate legal action is essential to preserve evidence, secure expert medical evaluations, and accurately calculate future damages—delays can jeopardize your right to full compensation.
Truck Accidents
Commercial truck accident claims in Georgia must be filed within two years of the date of the crash. These cases often involve multiple liable parties, such as the truck driver, trucking company, vehicle manufacturer, or cargo loader.
Because commercial trucks are regulated by both state and federal safety standards, including those enforced by the Federal Motor Carrier Safety Administration (FMCSA), understanding how violations may have contributed to the crash is essential to building a strong claim.
Vaccine Injuries
Vaccine injury claims are not handled under Georgia’s personal injury laws but instead fall under the federal National Vaccine Injury Compensation Program (VICP). This program allows individuals to seek compensation for covered vaccine-related injuries without filing a traditional lawsuit.
The VICP has a strict three-year deadline from the date the first symptom appears. Claims must be filed with the U.S. Court of Federal Claims and follow unique administrative procedures that differ from standard state-based personal injury claims.
Work Injuries
Work-related injuries in Georgia are typically covered by the workers’ compensation system, which follows different procedures and deadlines than standard personal injury claims. Workers’ compensation claims must generally be filed within one year of the injury.
If a third party—such as a subcontractor, property owner, or equipment manufacturer—also contributed to the injury, a separate personal injury claim may be available. These claims follow Georgia’s standard two-year statute of limitations.
Identifying whether your case qualifies for workers’ compensation, a third-party lawsuit, or both requires close review of how the injury occurred and who was responsible.
Wrongful Death
Wrongful death claims in Georgia must be filed within two years from the date of death under O.C.G.A. § 9-3-33. These claims allow surviving family members to seek compensation for the full value of the life of the deceased, including lost income, companionship, and services.
📌 This is separate from a survival action, which addresses the pain, suffering, and medical bills the deceased experienced before death and is typically filed by the estate.
Submit your details through our online form for a free, no-obligation consultation. We’re here to help you meet your deadline and pursue the compensation you deserve.
Personal Injury Statute of Limitations in Georgia Exceptions
Several important exceptions can extend or modify Georgia’s statute of limitations deadlines, potentially giving injured parties additional time to file their claims. Understanding these exceptions can make the difference between recovering compensation or permanently losing your right to file a claim.
⚠️ Never assume you’ve missed your deadline without consulting an experienced personal injury attorney who can evaluate whether any exceptions apply to your specific situation.
Injury Discovered Later (Discovery Rule)
The discovery rule allows the statute of limitations to begin when you discover or reasonably should have discovered your injury, rather than when the incident occurred. This exception commonly applies in medical malpractice cases where harm isn’t immediately apparent.
💡 Hypothetical scenario: A patient underwent surgery and felt fine initially, but months later, discovered that a surgical instrument was left inside their body, causing ongoing complications and requiring additional procedures.
Minor at Time of Injury
When a minor is injured, Georgia law typically allows the statute of limitations to begin running when the child reaches the age of 18. This means injured children have until their 20th birthday to file most personal injury claims, giving them two additional years beyond the standard deadline.
Parents can file claims on behalf of minor children, but the child retains the right to file their own action upon reaching majority if the parents haven’t already done so.
Defendant Left the State
If the defendant leaves Georgia after causing injury but before a lawsuit is filed, the statute of limitations may pause while they are outside the state and cannot be served. This legal pause, or “tolling,” prevents defendants from avoiding liability by leaving the jurisdiction.
This exception is recognized under O.C.G.A. § 9-3-94, which allows the statute of limitations to resume when the defendant returns to Georgia or becomes subject to legal service in another location.
| Exception Type | Effect on Filing Deadline |
|---|---|
| Minor injured | Time limit starts at age 18 |
| Discovery rule applies | Time limit starts when injury is discovered |
| Defendant out-of-state | Time limit may pause while defendant cannot be served |
| Government claims | Shorter deadlines and notice requirements apply |
| Fraudulent concealment | Deadline may extend if injury was intentionally hidden |
Need Guidance on Statute of Limitations Injury Claims?
Don’t let statute of limitations deadlines prevent you from getting the compensation you deserve after suffering an injury. The legal system’s time constraints are unforgiving, but our team knows how to handle these complex rules and protect your rights.
At Brauns Law Accident Injury Lawyers, PC, we understand that every day matters when you’re dealing with mounting medical bills, lost wages, and the stress of recovery. Our experienced legal team will immediately evaluate your case to determine the applicable deadlines and begin building your claim right away.
✔️ Free case evaluations available with no obligation to move forward. Want to know how long a personal injury lawsuit takes? Or how a personal injury lawsuit works? Our team is here to explain your options clearly and help you make the best decision for your case.
We’ve helped countless Georgia families recover millions in compensation by acting quickly and strategically within the statute of limitations requirements. Our commitment to client service means you’ll never wonder about the status of your case or worry about missing critical deadlines.
Ready to speak with a Georgia personal injury attorney about your case? Contact Brauns Law for a personalized case review. Call us at 404.348.0889 or submit your case through our online form.
FAQs
What happens if I miss the statute of limitations deadline in Georgia?
Missing the statute of limitations deadline typically means you lose your right to file a lawsuit and recover compensation for your injuries permanently. Georgia courts will dismiss cases filed after the deadline has expired, regardless of how strong your evidence or how severe your injuries may be.
This is why consulting with our attorneys as soon as possible after your injury is essential to protect your legal rights.
Can the statute of limitations be extended if I didn’t know I was injured?
Yes, Georgia recognizes the discovery rule in certain cases, particularly medical malpractice situations where injuries aren’t immediately apparent. The statute of limitations may begin when you discover or reasonably should have discovered your injury rather than when the incident occurred.
However, there are also statutes of repose that create absolute deadlines regardless of discovery, making legal consultation vital.
Do different types of accidents have different time limits in Georgia?
Most personal injury cases in Georgia have a two-year statute of limitations, but some exceptions exist. Government entity claims often require notice within six months, defamation claims have a one-year limit, and loss of consortium claims have a four-year deadline. The specific circumstances of your case determine which time limit applies.
How can Brauns Law help with statute of limitations concerns?
Our experienced team immediately evaluates your case to determine applicable deadlines and identifies any exceptions that might extend your filing time. We handle all legal procedures and deadlines while you focus on recovery, ensuring your claim is filed within the appropriate timeframe.
Our track record includes successfully recovering compensation for clients who initially thought they had missed their opportunity.
What should I do if I’m not sure when my statute of limitations expires?
Contact our office immediately for a free case evaluation to determine your specific deadline and protect your rights. Waiting to seek legal advice can be costly, as evidence might deteriorate and witnesses’ memories fade over time. We provide clear guidance on your timeline and take immediate action to preserve your claim while investigating the circumstances of your injury.
