When a Child Is Hurt in a Georgia Car Accident, Timing Matters

The Short Answer: Georgia’s Two-Year Rule and Children Hurt in Crashes

Does the statute of limitations stop for a minor in a Georgia car accident? Usually, the clock pauses for the child’s own injury claim, but not for every claim that comes from the same crash. Georgia’s general deadline for injury lawsuits is two years. Under O.C.G.A. § 9-3-33, actions for injuries to the person must be brought within two years after the right of action accrues.

“Accrues” is a legal term for when the claim starts. Many people assume the crash date starts the count, but the statute uses the word accrues, so the start date should be confirmed for each claim.

Many parents also assume the clock never starts for a child. That belief can be costly.

This deadline applies to filing a lawsuit in court. Reporting a crash to an insurer is a separate step.

How Minority Pauses the Clock for a Child’s Own Claim

A child’s own injury claim generally gets its two-year count after the child turns 18.

Here is a simple example. Under O.C.G.A. § 9-3-90(b), except as otherwise provided in Code Section 9-3-33.1, an individual who is less than 18 years of age when a cause of action accrues is entitled to the same time after he or she reaches the age of 18 years to bring an action as is prescribed for other persons. It is longer than many families expect, but it can still close.

The statute also notes that other provisions can change this timing. That is why the exact dates depend on the facts of each case.

Start now by writing down the child’s birth date and the crash date. Those two dates drive the math, and they are easy to lose during a hard few weeks.

Why a Parent’s Own Claims Need a Separate Check

The minor’s pause in § 9-3-90 applies to the person who was under 18 when the claim accrued. A parent’s own claim is a different claim. It should be checked on its own dates.

Medical bills are a common example. Under O.C.G.A. § 51-12-7, necessary expenses from an injury are a legitimate item in the estimate of damages. In plain words, the bills a family pays for a child’s injuries can count toward the damages.

Keep every bill, receipt, and insurance explanation together. Note the date each one was paid. These records help anyone who checks the timeline later.

A parent who waits while a child recovers may lose track of the parent’s own dates. Waiting is understandable. Still, it is a reason to write those dates down early.

Wrongful Death of a Minor: Its Own Rules

When a child dies in a crash, the right to recover for the homicide of a child is governed by O.C.G.A. § 51-4-4, which provides that this right shall be as provided in Code Section 19-7-1 and Code Section 53-1-5. Under O.C.G.A. § 51-4-5(a), the administrator or executor of the decedent may bring the action for the next of kin when there is no person entitled to bring an action for the wrongful death of a decedent under Code Section 51-4-2 or 51-4-4. The recovery is measured as the full value of the decedent’s life.

Subsection (b) covers another point.

Because this claim follows its own rules, the child’s age alone does not settle its timing. Check it early, while the crash facts and records are still fresh.

The Criminal-Charge Tolling Rule Is Narrow

Georgia pauses some tort claims while a criminal case is pending, but only in specific situations. Under O.C.G.A. § 9-3-99, the time limit for a tort claim by the victim of an alleged crime committed in Georgia, when the claim arises out of the facts and circumstances of that crime, is tolled from the crime until the prosecution is final or otherwise ended, but the tolling cannot exceed six years, except as otherwise provided in Code Section 9-3-33.1.

It is not a general extension for crash victims.

Readers who see this rule cited online should not assume it fits their case. Confirm the deadline early instead of relying on an exception the facts may not support.

Who Speaks for the Child and the Insurer’s Early Calls

Insurer contact is a practical problem for many families. The Georgia auto claim tips from the state’s Office of the Commissioner of Insurance advise promptly notifying police and your insurer. They also advise collecting accident and witness information, documenting the scene, and avoiding statements about fault.

An insurer may call a parent quickly. Those calls can feel routine. Early words about fault can still shape the claim, so speak carefully.

Before signing any release, read what it covers and keep a copy. Questions about who acts for the child, and how any settlement is finalized, belong in an early talk with a lawyer.

Steps to Protect a Child’s Claim While the Clock Runs

Start by gathering the crash report, the medical records, and a written timeline of dates. The Georgia crash reporting procedures from the Georgia Department of Transportation explain how crashes are reported and documented.

For fatal and major-injury crashes, the Georgia State Patrol is involved in investigating. Victims or family members can request the status of that investigation.

Track every medical visit. Include follow-up care for symptoms that show up days later, such as back pain. A simple log of symptoms and appointments helps the family and any later reviewer.

Fault also matters. Under O.C.G.A. § 51-12-33, the judge reduces damages in proportion to the plaintiff’s fault. If the plaintiff is 50 percent or more responsible, the plaintiff shall not be entitled to receive any damages. This is Georgia’s modified comparative fault rule, also called shared fault.

Talk Through Your Child’s Deadline With Our Team

If you are a parent or relative, you may be balancing a child’s recovery, medical bills, and insurer calls all at once. That is a lot to carry while you work out which deadline applies.

T. Madden & Associates, P.C. is led by attorney Terance Madden and has been in practice since 1999. The firm handles car accident claims on a no-fee-unless-we-win basis. Clients may still be responsible for court costs and case expenses.

Reach out through our contact page to set up your free first consultation. It is confidential and carries no obligation to continue. Bring the crash date and your child’s birth date. The firm is available 24/7.

Responsible attorney: Terance Madden, T. Madden & Associates, P.C., with offices in Jonesboro, Atlanta, Decatur, Macon and Augusta. This page is general information, not legal advice. Contact details are on our contact page.