Georgia Statute of Limitations for Auto Accident Claims

If you’ve been injured in an auto accident, there’s a good chance you’re feeling overwhelmed. You’re undoubtedly worried about your short and long-term health, whether or not you’ll need to miss time at work, and how you’ll pay for mounting hospital bills.

While you might want to get control over some of these concerns before thinking about filing a personal injury lawsuit, it’s important to recognize that you might not have as long as you think. The amount of time you have to file a personal injury lawsuit after an auto accident is dictated by something called the statute of limitations.

Let’s take a closer look at the statute of limitations for auto accidents in Georgia.

What’s the statute of limitations?

The statute of limitations is a law that limits the amount of time you have to file a lawsuit. Once the time limit set by the statute of limitations expires, you’re barred from filing a lawsuit.

While it may sound harsh, the statute of limitations is intended to promote fairness. The statute of limitations:

• Prevents a plaintiff from harassing a defendant with the perpetual threat of a lawsuit
• Increases the chances that important evidence will still be available when it’s needed

The amount of time you have to file a lawsuit depends on the state where you’re filing your lawsuit and the nature of your claim.

What’s the statute of limitations for an auto accident in Georgia?

If you’re involved in an auto accident (whether it’s a car accident, truck accident, motorcycle accident, or even a bicycle or pedestrian accident), there are 3 types of damage you may suffer:

• Personal property damage (vehicle damage, etc.)
• Physical injuries (broken bones, whiplash, traumatic brain injury, etc.)
• Death

The amount of time you have to file a lawsuit depends on the type of damage you suffer.

Under Georgia Code Section 9-3-32, all actions for damages related to the destruction of personal property must be brought within 4 years.

Under Georgia Code Section 9-3-33, all actions for physical injuries must be brought within 2 years.

Under Georgia Code Section 9-3-33, all wrongful death actions must be brought within 4 years.

In most cases, the clock starts running at the time of the accident.

However, in cases where your physical injury doesn’t become apparent until after the accident, the clock won’t start running until you discover the injury.

Let’s look at an example:

Exceptions to the statute of limitations

When it comes to how long you have to file your auto accident claim in Georgia, there are a couple of notable exceptions to keep in mind.

First, if you’re a minor at the time of the accident, the statute of limitations doesn’t start to run until you turn 18.

Second, if you’re suing the government (perhaps the accident involved a bus owned by the city), a written notice of claim must be submitted to the appropriate entities within 12 months of the date the loss was discovered.