The Deadlines That Matter
Personal Injury: 2 Years (O.C.G.A. § 9-3-33) From the date of the accident. This is the most common deadline and applies to car accidents, truck accidents, motorcycle accidents, slip and falls, and most other injury cases.
Wrongful Death: 2 Years (O.C.G.A. § 9-3-33) From the date of death, not the date of the accident that caused the death.
Medical Malpractice: 2 Years (O.C.G.A. § 9-3-71) From the date of the negligent act, with a maximum 5-year statute of repose. Special discovery rules may apply for foreign objects left in the body.
Property Damage: 4 Years (O.C.G.A. § 9-3-30) For damage to your vehicle or personal property.
Government Entities: 12-Month Notice (O.C.G.A. § 36-33-5) Claims against cities, counties, and government agencies require written ante-litem notice within 12 months. Miss this notice requirement and your claim is barred — even if you’re within the 2-year statute of limitations.
Minors: The statute of limitations is tolled (paused) until the minor turns 18, then the standard period applies.
Why the Insurance Company Loves the Clock
Insurance companies use the statute of limitations strategically:
- Early in the clock: They delay, stall, and hope you forget or give up
- Late in the clock: They pressure you into accepting a lowball offer because “your deadline is coming up”
- After the clock expires: They pay nothing. Case closed. Forever.
What “2 Years” Really Means
Two years sounds like a long time. It’s not. Here’s what eats into that timeline:
- Medical treatment (6-12 months before you know the full extent of your injuries)
- Records collection (medical records can take weeks to obtain)
- Case investigation (accident reconstruction, witness interviews, expert consultations)
- Demand preparation and negotiation (can take months)
- Litigation filing and discovery (if negotiation fails)
Starting early doesn’t mean rushing. It means preserving evidence, protecting your rights, and giving your attorney enough time to build the strongest possible case.
Don’t Gamble With Your Deadline
Every day that passes is a day closer to losing your right to file. Evidence deteriorates, witnesses forget, and the insurance company’s position gets stronger. Call 888-BIG-GUNN for a free consultation to confirm your deadline and protect your claim.
