In Georgia you generally have two years from the date of your injury to file a personal injury lawsuit (O.C.G.A. § 9-3-33). Claims against a city, county or the State need a written ante litem notice much sooner, as early as six months for a city. If you miss the deadline, the court will dismiss the case no matter how strong it is.
The two-year rule has exceptions, and several of them catch people off guard. Here is how the deadlines work, when the clock starts and the traps to avoid.
Key Takeaways
- Most Georgia personal injury claims must be filed within two years of the injury (O.C.G.A. § 9-3-33).
- Claims against a city require written notice within 6 months; county and State claims within 12 months.
- Wrongful death claims generally run two years from the date of death, not the date of the crash.
- Talking to an adjuster or receiving settlement offers does not stop the clock. Only a timely lawsuit does.
- A child’s own claim generally gets extra time, but a parent’s claim for the child’s medical bills does not.
Georgia Injury Deadlines at a Glance
| Type of claim | Deadline | Georgia law |
|---|---|---|
| Personal injury (car, truck, motorcycle, slip and fall, dog bite) | 2 years from the injury | O.C.G.A. § 9-3-33 |
| Spouse’s loss of consortium | 4 years | O.C.G.A. § 9-3-33 |
| Wrongful death | 2 years from the date of death | O.C.G.A. § 9-3-33 |
| Medical malpractice | 2 years from the injury, and no more than 5 years after the negligent act | O.C.G.A. § 9-3-71 |
| Damage to your car or other property | 4 years | O.C.G.A. § 9-3-31 |
| Claim against a city | Ante litem notice within 6 months | O.C.G.A. § 36-33-5 |
| Claim against a county | Present the claim within 12 months | O.C.G.A. § 36-11-1 |
| Claim against the State of Georgia | Ante litem notice within 12 months | O.C.G.A. § 50-21-26 |
| Injured child | Generally the same time after turning 18 | O.C.G.A. § 9-3-90 |
When the Two-Year Clock Starts
- Most injury cases: the day you are hurt. A crash on March 15 means the lawsuit generally must be filed by March 15 two years later.
- Wrongful death: the date of death, not the date of the crash. If someone dies months after an accident, families can miscalculate the deadline. The estate’s separate claims, such as medical and funeral bills, can be paused for up to five years while no estate representative has been appointed (O.C.G.A. § 9-3-92).
- Hidden injuries: in rare cases, such as some illnesses from gradual toxic exposure, the clock may start when the injury and its cause are discovered. This exception is narrow and rarely helps with injuries from an ordinary crash, even when the full extent of an injury shows up later.
Exceptions That Can Pause the Clock
- Minors and legal incapacity. Under O.C.G.A. § 9-3-90, a person under 18 when the claim arises generally has the same amount of time after turning 18, and the clock generally does not start for someone legally incompetent until the disability is removed. But the parents’ claim for a child’s medical expenses runs on the normal two-year clock, and medical malpractice claims for children follow different rules (O.C.G.A. § 9-3-73).
- A related criminal case. When the injury came from a crime, including some traffic offenses, the victim’s civil deadline can be paused while the prosecution is pending, for up to six years (O.C.G.A. § 9-3-99). Tickets are often resolved quickly, and this rule does not extend ante litem notice deadlines, so do not plan around it.
- The at-fault person leaves Georgia. The clock can sometimes be paused, but this exception is narrow.
- Fraud. If the defendant’s fraud kept you from discovering the claim, the clock can start when the fraud is discovered (O.C.G.A. § 9-3-96).
These exceptions are narrow and fact-specific. It is safest to plan around two years from the date of the injury. Read more in our full guide to Georgia personal injury deadlines.
The Deadline Traps That Catch Georgia Injury Victims
- The government vehicle trap. Hit by a city garbage truck or a county vehicle? A written ante litem notice may be due in as little as six months, and missing it can end the claim even if the two-year deadline has not passed. Other public bodies, like transit systems and school districts, can have their own notice and immunity rules. Look up “ante litem notice” in our legal glossary.
- The negotiation trap. Talking with an adjuster, getting a claim number or receiving settlement offers does not stop the clock.
- The uninsured motorist trap. Your own UM claim generally depends on serving your UM carrier with the lawsuit against the at-fault driver within the time allowed (O.C.G.A. § 33-7-11(d)). Our guide to Georgia UM coverage explains more.
- The “full extent” misunderstanding. Many people think they have more time because they did not know how bad an injury was. Courts rarely accept that argument for accident injuries.
Why Timing Matters in Negotiations
Insurers know your deadline, and an adjuster has no duty to warn you about it. Adjusters may request more records, statements and exams early on, then make a low offer close to the deadline, when you may feel pressure to take something rather than risk everything. Once the deadline passes, the claim is generally over. Learn about other insurance lowball tactics.
Two years also goes faster than it sounds. Medical treatment, collecting records and bills from each provider, investigation, the demand and negotiation, and drafting and serving a lawsuit all take time. Starting early does not mean rushing. It means preserving evidence and leaving enough time to prepare the case properly.
How to Protect Your Claim
- Get medical care right away and follow up. Records tie your injuries to the crash.
- Document everything: photos, the police report, witness names, bills and letters from insurers.
- Report the claim to the at-fault driver’s insurer and to your own insurer, as your policy requires.
- Watch for a government vehicle or property. If one was involved, the notice deadline may be six months.
- Talk to a Georgia injury lawyer early so the right deadline is calendared and a lawsuit is filed in time if the claim does not settle.
Frequently Asked Questions
Does Negotiating with the Insurance Company Stop the Clock?
No. Claim numbers, recorded statements and settlement offers do not pause the statute of limitations. Only filing a lawsuit in time protects your claim.
How Long Do I Have to File a Claim Against a City or County in Georgia?
A city must receive a written ante litem notice within 6 months of the incident, and a claim against a county must be presented within 12 months. Claims against the State also require notice within 12 months. These notices are separate from, and much earlier than, the two-year lawsuit deadline.
What If My Injury Did Not Show Up Until Later?
For most accident injuries, the clock still starts on the day of the crash. A narrow discovery rule can apply to certain hidden injuries, such as some illnesses from toxic exposure. Talk to a lawyer as soon as you notice symptoms.
Is the Deadline Different If My Child Was Hurt?
Usually yes for the child’s own claim, which generally can be filed until two years after the child turns 18. The parents’ claim for medical bills generally must be filed within two years of the injury, and evidence and witnesses disappear long before a child turns 18.
Every day that passes is a day closer to the deadline. The Gunn Law Group offers a free, no-obligation consultation to help confirm your deadline, and there is no attorney fee unless we recover for you. Hablamos español. Call 888-BIG-GUNN (888-244-4866) or request a free case review.
