How Long Do You Have to Sue After an Accident in Georgia?

Most injury lawsuits in Georgia must be filed within two years. The clock usually starts on the date of the injury. That is the short answer to how long after an accident can you sue in Georgia? The rule comes from O.C.G.A. § 9-3-33, which covers actions for injuries to the person.

But two years is not the only clock. Some claims run on different timelines. Some public claims need written notice long before a lawsuit. Some rules pause or extend the count. This guide explains them in plain language. It is general information, not advice about your case.

The short answer: two years from the date of injury

For most crash injuries in Georgia, the lawsuit deadline is two years. The statute sets that period, so a case filed late can be dismissed. Courts generally will not hear it, even when the crash facts are strong.

The clock is tied to when the right to sue begins, not when insurance talks end. Many people assume the deadline waits while an adjuster reviews a claim. Treat the earlier date as your working deadline.

Injury claims from a truck crash generally follow this same two-year rule. For a broader view of truck crash claims in Georgia, read our truck accident guide.

Injury, wrongful death and medical claims run on different clocks

Not every claim after a crash uses the same timeline. A medical malpractice claim has its own rules. Except as otherwise provided in this article, an action must be brought within two years after the date on which the injury or death from the negligent act occurred. See O.C.G.A. § 9-3-71.

That statute also sets an outer limit. No medical malpractice action may be brought more than five years after the negligent act. The statute calls the two years a statute of limitations and the five years a statute of ultimate repose.

A wrongful death claim works differently. When no one else is entitled to sue, the administrator or executor may bring it for the next of kin. The amount is the full value of the decedent’s life, under O.C.G.A. § 51-4-5. When death of a human being results from a crime or from criminal or other negligence, the personal representative of the deceased person can also recover funeral, medical and other necessary expenses resulting from the injury and death. Ask early who holds the right to bring the claim.

What a claim must show before timing matters

A Georgia negligence claim turns on a breach of duty that causes harm. The law says a person must refrain from acts that may injure another. When the law requires a person to do an act for another’s benefit or to refrain from an act that may injure another, the injured party may recover for the breach of that legal duty if he suffers damage, even if no cause of action is given in express terms, under O.C.G.A. § 51-1-6.

Ordinary negligence means the absence of the care that prudent people use in similar circumstances, as defined in O.C.G.A. § 51-1-2. In a truck crash, the question may be whether a driver or company followed the safety rules that applied to the trip.

Fault also affects recovery. Under O.C.G.A. § 51-12-33, damages are reduced by the injured person’s share of fault. A plaintiff who is 50 percent or more responsible recovers nothing. Under O.C.G.A. § 51-12-33, a plaintiff who is 50 percent or more responsible for the injury or damages claimed is not entitled to receive any damages, and damages otherwise awarded are reduced in proportion to the plaintiff’s percentage of fault.

Emotional harm can be part of a case. When the entire injury is to peace, happiness or feelings, jurors set the measure. Punitive damages are not awarded in that kind of action, per O.C.G.A. § 51-12-6.

When the clock starts: the crash date and accrual

The statute runs from the date the right of action accrues.

How that wording applies depends on the facts. Don’t rely on a later start date unless someone has checked your timeline.

Waiting to see whether symptoms fade is a risky plan. Write down the date of each symptom and each doctor visit. Those notes help show the timeline.

Exceptions that can pause or extend the deadline

Under O.C.G.A. § 9-3-90, except as otherwise provided in Code Section 9-3-33.1, individuals who are less than 18 years of age when a cause of action accrues are entitled to the same time after they reach the age of 18 to bring an action as is prescribed for other persons, and individuals who are legally incompetent because of intellectual disability or mental illness when the cause of action accrues are entitled to the same time after that disability is removed. Under O.C.G.A. § 9-3-90, a person who is under 18 when a cause of action accrues is entitled to the same time after reaching age 18 to bring an action as is prescribed for other persons, except as otherwise provided in O.C.G.A. § 9-3-33.1. A related section, § 9-3-33.1, can also apply.

A person who is legally incompetent because of intellectual disability or mental illness gets the same time after the disability is removed. The facts decide whether either rule applies.

These exceptions are narrow. Don’t assume they apply to you. Treat the earliest possible date as the working deadline until someone reviews the facts.

Claims involving government vehicles have shorter notice deadlines

Under O.C.G.A. § 50-21-26, a person with a tort claim against the state under that article may not bring an action on the claim without first giving notice of the claim in writing within 12 months of the date the loss was discovered or should have been discovered. Once that notice is presented, no action may be commenced until either the Department of Administrative Services has denied the claim or more than 90 days have elapsed after the presentation of the notice of claim without action by the Department of Administrative Services, whichever occurs first. For a tort claim against the state, O.C.G.A. § 50-21-26 requires that notice of the claim be given in writing within 12 months of the date the loss was discovered or should have been discovered.

For a city, a claim must go in writing to the governing authority within six months of the event. See O.C.G.A. § 36-33-5. For a county, claims must be presented within 12 months after they accrue or become payable, under O.C.G.A. § 36-11-1; minors or other persons laboring under disabilities are allowed 12 months after the disability is removed.

For the state, written notice must go within 12 months of when the loss was discovered or should have been discovered. Notice goes by certified mail, statutory overnight delivery, or personal delivery to the Risk Management Division of the Department of Administrative Services. See O.C.G.A. § 50-21-26. No suit can start until the department denies the claim or more than 90 days pass without action.

Picture a county garbage truck that hits your car. The county notice clock may run out long before the two-year lawsuit date.

Hit-and-run crashes and unidentified drivers

A police report documents the crash, the scene and any witnesses. That record can matter later, even when the other driver is never found.

The two-year period runs from accrual, not from the day a driver is identified. Don’t wait for a name before you act on the deadline.

Georgia auto policies generally include uninsured motorist coverage that pays the insured for bodily injury caused by an uninsured vehicle’s owner or operator, unless the insured rejects that coverage in writing. Georgia law requires auto liability policies to include an uninsured-motorist endorsement or provisions, as set out in O.C.G.A. § 33-7-11. Under O.C.G.A. § 33-7-11(c), when the owner or operator of the vehicle that caused the injury is unknown, the statute makes reporting the accident a condition of recovering under the uninsured motorist endorsement. The insured, someone acting for the insured or, in a death claim, someone on behalf of the party with the claim must make the report that Code Section 40-6-273 requires.

Insurance reporting deadlines are separate from the lawsuit deadline

Reporting a crash to your own insurer follows your policy terms. That is a different deadline from the lawsuit deadline. Check your policy and report promptly.

Keep the report factual. Stick to dates, places, vehicles and injuries.

The adjuster works on the claim. The statute controls the lawsuit date. If a trucking company’s insurer is already contacting you, see our trucking adjuster guide.

Why waiting can cost evidence and what to do next

Truck crash evidence can disappear quickly. Records may be overwritten, repaired or discarded if no one asks for them in time.

The National Transportation Safety Board issues safety recommendations, but its reports do not determine fault or liability, according to the NTSB accident report summary. Federal rules also require post-accident drug and alcohol testing for commercial truck drivers, per FMCSA testing rules.

Under 49 C.F.R. § 390.15, motor carriers must maintain an accident register for 3 years after the date of each accident. Write down the date, time, location and witness names now. Take photos of the scene and vehicles. For more on what evidence matters, read our truck crash evidence guide.

If you’re trying to understand a deadline after a crash you did not choose, you don’t have to work it out alone. Our team can review your dates with you. Your first consultation is free, confidential and carries no obligation to continue. The firm works on a no-fee-unless-we-win basis, but you may still be responsible for court costs and case expenses. To start, use our free case evaluation.

Common questions about the deadline

General information only, not legal advice. Responsible lawyer: Terance Madden, T. Madden & Associates, P.C. The firm has offices in Jonesboro, Atlanta, Decatur, Macon and Augusta, Georgia. Contact: firm contact page.