After a car accident in Georgia, there’s a strict deadline for taking legal action. Generally, you have two years from the date of the crash to file a personal injury claim against the other party. This rule is set by Georgia’s statute of limitations. Loss of consortium damage claims usually need to be filed within four years.
Except as otherwise provided in this article, actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.
There’s also a four-year deadline for property damage claims.
Actions for the recovery of personal property, or for damages for the conversion or destruction of the same, shall be brought within four years after the right of action accrues, and actions involving the unauthorized cutting or cutting and carrying away of timber from the property of another shall be brought within four years after the cutting or cutting and carrying away of timber.
It’s very important to keep these timelines in mind. Missing the two-year deadline usually means you give up your chance to recover damages, no matter how strong your case seems. Acting quickly also makes it easier to gather fresh evidence and contact witnesses while details are still clear.
Even if you’re not sure yet whether you want to file a claim, it’s a good idea to ask questions early and track important dates because once the window closes, your case can rarely be reopened.
Other Exceptions to Georgia’s Statute of Limitations
Georgia’s standard statute of limitations for car accident claims has some important exceptions that you should be aware of.
Discovery Rule
In cases where injuries or the cause of an injury aren’t immediately obvious, Georgia allows the “discovery rule.” This means the clock to file a lawsuit starts only when you discover, or should have discovered with reasonable effort, both that you’re injured and that someone else may be responsible. This rule helps people who suffered hidden injuries or didn’t realize another party played a role until later.
Minors and Mentally Incapacitated Victims
If a person injured in an accident is under 18 or mentally incapacitated when harmed, they get extra time. For minors, the two-year deadline starts on their 18th birthday, so they usually have until age 20 to file. Adults judged mentally incompetent have their deadline extended until they regain competence.
Claims Against Government Entities
If a local or state government agency is involved in your accident, you face a much shorter period to act. These claims often require a written notice as well, usually between 6 and 12 months after the injury, depending on whether the claim is against a city or county entity.
Fraudulent Concealment
If a defendant intentionally hides facts about the accident or your injuries, the statute of limitations doesn’t begin until you find out or could have reasonably found out about this concealment. This protection is in place to make sure people aren’t punished if someone else’s dishonesty holds up their claim.
Defendant Resides Outside Georgia
If the person you want to sue relocates to another state or flees the state so they can’t be sued, the time they spend out of state doesn’t count toward the statute of limitations. This stops people from dodging responsibility.
Understanding these exceptions is critical in making sure you file your claim on time. Our team of Alpharetta accident attorneys can analyze your specific situation and determine what the deadline is in your case. Contact us today to schedule a free consultation.