Know the Clock on Your Georgia Injury Claim

How far back can you claim personal injury? In Georgia, actions for injuries to the person generally must be brought within two years after the right of action accrues, under O.C.G.A. § 9-3-33. That is the general rule, and it has exceptions. Some other claims, such as damage to property or claims against a government body, run on shorter or different clocks.

This guide covers the main Georgia timing rules for car, truck, motorcycle, e-bike and fall injuries, plus medical and wrongful death claims. It is general information, not advice about your case.

The Short Answer: Georgia Generally Allows Two Years

For most injuries to a person, Georgia gives you two years to file a lawsuit under O.C.G.A. § 9-3-33. Injuries from car accidents, motorcycle and e-bike crashes, and slip and falls are among the matters our team handles.

The count generally starts when the right of action accrues. Georgia appellate opinion quoting this statute confirms the two-year period runs from accrual. The police report and medical records help you confirm that date, so keep copies. Loss of consortium claims, which come up when an injury affects a marriage, have four years under the same statute.

What Starts the Clock and What Can Pause It

The clock generally starts on the day of the injury.

Some rules can pause or change the count. Except as otherwise provided in Code Section 9-3-33.1, a person under 18 gets the same time after turning 18 that other injured people get under O.C.G.A. § 9-3-90. For most injury claims, that means two years after the 18th birthday.

A criminal case can also pause the clock. That pause cannot exceed six years, except as otherwise provided in Code Section 9-3-33.1.

Whether any pause applies depends on the facts of your case. Don’t assume one applies without checking your dates.

Wrongful Death Claims and the Date of Death

Families often ask about a death, not an injury. Under O.C.G.A. § 51-4-2, a surviving spouse may recover the full value of the decedent’s life, as shown by the evidence. If there is no surviving spouse, a child or children may recover.

When a death results from a crime or from criminal or other negligence, the law also allows the personal representative of the person who died to recover funeral, medical and other necessary expenses resulting from the injury and death.

Write down two dates: the date of the incident and the date of death. Both help you count time. You can learn more on our wrongful death lawyer page.

Medical Malpractice and the Five-Year Limit

Medical malpractice has its own rules. Under O.C.G.A. § 9-3-71, a medical malpractice action must generally be brought within two years after the injury or death occurred.

The statute also sets an outer limit. In no event may the action be brought more than five years after the negligent act or omission. That five-year count runs from the act itself, not from the day you learned of the harm.

Claims tied to care at a hospital, nursing home or clinic fall under this rule, as O.C.G.A. § 9-3-70 explains. Two clocks can run from two different dates, so review them early. Our medical malpractice lawyer page covers the claim in more detail.

Property Damage and Other Clocks That Run Differently

One crash can create claims with different deadlines.

Government bodies have shorter notice windows. For a city, O.C.G.A. § 36-33-5 requires a written claim within six months of the event, with a specific amount of damages. For a county, O.C.G.A. § 36-11-1 requires claims to be presented within 12 months after they accrue or become payable, or they are barred; minors and persons under other disabilities are allowed 12 months after the disability is removed.

For the state, O.C.G.A. § 50-21-26 requires written notice within 12 months of when the loss was discovered or should have been discovered. A lawsuit can’t start until the Department of Administrative Services denies the claim or more than 90 days pass after the notice of claim is presented without action by that department, whichever occurs first.

What Happens If the Deadline Has Passed

A lawsuit filed after the deadline is generally barred. That is why the date matters so much.

Some pause rules, such as those for minors or a pending criminal case, can change the count. A date that looks passed may need a closer look. Government notice windows are short, so check those dates first.

Steps to Protect Your Timeline Right Now

Start a simple timeline today. Write down the exact date, the place and the cause of the injury. Keep the police report, photos, witness names and medical records in one folder.

Track every date that could start a clock. That includes the date of death in a wrongful death matter and any date you sent a written notice to a government office.

Be careful with insurers. Think before you give a recorded statement, and keep your written notes of every call.

Common Questions About Timing

Talk With Our Team About Your Deadline

Reading about deadlines is hard when you’re also recovering. You may be in a hospital bed, or you may be handling a loss in your family. The date question can feel urgent, and it adds one more thing to carry.

T. Madden & Associates, P.C. has practiced in Georgia since 1999. Our lawyers, including Terance Madden, review the dates and facts of each matter. We have offices in Jonesboro, Atlanta, Decatur, Macon and Augusta.

If you are counting days since a crash, a fall or a loss, our first consultation is free, confidential and comes with no obligation to continue. Start a free case evaluation and let our team review your dates with you.

This page is general information, not legal advice. Terance Madden is the responsible lawyer for this page at T. Madden & Associates, P.C. Contact the firm through its contact page.