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What is the statute of limitations for filing a personal injury lawsuit?

On Behalf of | Aug 21, 2025 | Personal Injury |

When someone suffers harm because of another person’s actions, Georgia law allows them to file a personal injury lawsuit. However, this right does not last forever. The statute of limitations sets the legal deadline for taking action, and missing it can mean losing the chance to pursue a claim.

The standard deadline

In most personal injury cases, Georgia law gives two years from the date of the injury to file a lawsuit. This applies to accidents such as car crashes, slip-and-falls, or other situations where someone’s negligence caused harm. Once the two-year period passes, the court will likely dismiss the case.

Exceptions that extend the timeline

Some situations allow for more time. For example, if the injured person was under 18 at the time of the accident, the clock does not start until they reach adulthood. In cases involving medical malpractice, the deadline may change if the injury was not immediately discovered. Georgia also has a statute of repose, which places an absolute deadline of five years in certain malpractice cases, no matter when the injury is found.

Claims against government entities

Special rules apply when filing a claim against a city, county, or the state of Georgia. In these cases, the injured person must provide notice to the government much sooner—sometimes within six months to a year—before filing the lawsuit in court. Missing these deadlines can block the claim entirely.

Why the statute matters

The statute of limitations ensures fairness by requiring lawsuits to be filed while evidence and memories remain fresh. Understanding these deadlines helps injured individuals protect their rights under state law.

Acting within the timeframe

Knowing how the statute of limitations works highlights the importance of timing. Filing within the legal deadline preserves the opportunity to seek justice and accountability.