Georgia Statute of Limitations for Personal Injury

by Thomas C. Sinowski on May. 06, 2019

Accident & Injury 

Summary: The Statute of Limitations is the law which governs the amount of time a person has in which a claim for personal injury must be filed against the at fault party.

Injured parties as a result of an accident have a limited amount of time to recover from the at fault party. This time limit or Statute of Limitations is intended to ensure that evidence is available and to prevent people from threatening lawsuits forever. 

The Statute of Limitations law in Georgia is found in the Official Code of Georgia Annotated (O.C.G.A.) §9-3-33. It states that there is a two-year statute of limitations for personal injury, fraud, and medical malpractice claims; but personal property, trespassing, and debt collection claims have a four-year limit.

What this means is that a Complaint for Damages must be file and served upon the Defendant in a personal injury case before the expiration of the Statute of Limitations. This means that a person with a personal injury claim should not wait until the last minute to file a suit or they may not have enough time to perfect service upon the Defendant.

While the two-year statute of limitations may seem short, there are several factors that can extend or toll the time frame. One such factor is the age of the person who is injured. If the victim was a minor at the time of the injury, the statute of limitations does not begin to run until the victim reaches 18 years of age. O.C.G.A. §9-3-90. Once the injured minor reaches the age of 18, the time begins to run (except in cases of medical malpractice or wrongful death). 

If you were injured as a result of an accident caused by someone else, it is imperative that you speak with a personal injury lawyer as soon as possible. This will give your lawyer the time needed to investigate and create the right plan to help get you compensation for your injuries before the statute of limitations expires.

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