Georgia injury FAQs
Insurance, Claims & Deadlines
Short, straight answers about filing deadlines, insurance adjusters and settlement offers in Georgia.
Deadlines
Georgia Filing Deadlines
How long do I have to file an injury lawsuit in Georgia?
In most Georgia personal injury cases, you generally have two years from the date of the injury to file a lawsuit (O.C.G.A. § 9-3-33). If you miss the deadline, the court can dismiss the case no matter how strong it is.
Some situations change the deadline, such as injuries to children or claims against a government. Use our free deadline checker, then confirm your date with an attorney.
How long do I have to file a property damage claim?
Claims for damage to your car or other property generally have a four-year deadline in Georgia (O.C.G.A. § 9-3-31). Most property damage claims settle with the insurance company long before then.
What if a city, county or state vehicle or road caused my injury?
Claims against a government have much shorter notice deadlines. Written notice generally must reach a city within 6 months and a county or the State of Georgia within 12 months. The notice has specific requirements, so talk to an attorney as soon as you can.
How long does a wrongful death claim have?
A Georgia wrongful death lawsuit generally must be filed within two years of the date of death. Some circumstances, such as a pending criminal case, can affect the timing. Read our guide to Georgia wrongful death claims.
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Dealing With Insurance
Should I give a recorded statement to the other driver’s insurance company?
You are generally not required to give the other driver’s insurer a recorded statement. Adjusters may use your words to dispute fault or downplay your injuries. It is wise to speak with an attorney first. See what to say when the adjuster calls.
Should I accept the first settlement offer?
Be careful. Once you sign a release, your claim is usually over for good, even if you later need more treatment. Before you accept, make sure you know your full medical costs, lost pay and how the injury affects your life. Learn the common lowball tactics.
What if I was partly at fault for the crash?
Georgia uses a modified comparative fault rule. You can generally still recover if you were less than 50% at fault, but your recovery is reduced by your share of fault. At 50% or more, you generally cannot recover (O.C.G.A. § 51-12-33).
What if the driver who hit me has no insurance or not enough?
Your own uninsured/underinsured motorist (UM) coverage may pay for losses the at-fault driver’s insurance can’t. Georgia’s minimum liability coverage is $25,000 per person and $50,000 per crash for injuries, which often isn’t enough for a serious injury. Read Georgia UM coverage explained.
Who pays my medical bills while my claim is pending?
Usually your health insurance, medical payments (MedPay) coverage or the provider pays at first, depending on your situation. Some providers treat patients and wait to be paid from the settlement. Health plans and hospitals may have a right to be repaid from your recovery, so those amounts are sorted out before you receive your share.
Do I need a police report?
Georgia law requires drivers to report crashes that cause injury, death or significant property damage. A police report is strong evidence of what happened. We pull the police report for our clients at no cost. Learn how to read your Georgia crash report.
How long will my injury claim take?
It depends on your injuries and whether the insurer is reasonable. Many claims are resolved after medical treatment is finished. If a lawsuit is needed, it can take a year or more. See our Georgia case timeline.
Will my case go to trial?
Most injury claims settle without a trial. Some cases do go to court when the insurer won’t make a fair offer. Preparing every case as if it could go to trial helps put you in the strongest position either way.
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This page is general information, not legal advice, and contacting us does not create an attorney-client relationship. Every case depends on its own facts. “No fee unless we recover for you” refers only to fees charged by the attorney. Court costs and other additional expenses of legal action usually must be paid by the client. Contingent fees are not permitted in all types of cases. Attorney advertising. Responsible attorney: Harrell J. Gunn, The Gunn Law Group, 950 E. Paces Ferry Rd NE, Suite 1550, Atlanta, GA 30326.
