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How Long Do I Have To File A Personal Injury Claim In Georgia?


Being injured because someone was negligent can turn your life upside down in many ways. Depending on how severely you are injured, you could have difficulty getting out of bed, standing, or walking, and going to work is out of the question. How will you make ends meet?

Fortunately, Georgia law allows certain injured parties to file a personal injury lawsuit for their damages, but you only have a limited time to act. If you have questions about a personal injury case, our Atlanta personal injury lawyer can help. Shani O. Brooks P.C. handles all types of personal injury cases in the Atlanta metropolitan area.

Georgia Statute Of Limitations For Personal Injury Claim

Georgia Code section 9-3-33 states that you have two years from the date of the injury to file a personal injury claim. The two-year deadline applies to most personal injury litigation in the state, whether the action is based on negligence or intentional tort.

If you miss the deadline to file a personal injury claim, the case will almost certainly be dismissed in court.

Furthermore, the two-year statute of limitations matters for insurance negotiations after an accident. Suppose you were seriously injured after a car accident in Buckhead, and your attorney wants to negotiate the best car accident settlement for you. If you wait too long to start the case, the statute of limitations could expire. When the two years are up, you have lost negotiating leverage. So, it is always wise to retain an Atlanta personal injury attorney as soon as possible after an accident.

Other Important Georgia Laws Related To Personal Injury Claims

The statute of limitations is merely one of the laws you should know about Georgia personal injury claims. Georgia state law requires you to report car accidents to law enforcement that involve the following factors:

  • When someone died in the accident.
  • When one or more persons were hurt in the accident.
  • When property damage exceeded $500.

Also, Georgia is a fault state for auto accidents. This means after any car accident, you could file a claim for compensation for any losses if the other driver caused the accident. If your personal injury attorney can prove the other driver’s wrongdoing or negligence caused the accident, you could receive a settlement for economic and non-economic damages.

Georgia is a modified comparative negligence state, meaning you can still receive compensation in an accident claim if you were partially at fault. However, your percentage of fault cannot exceed the other party’s. So, if you were 40% responsible for the accident and had $10,000 in losses, you would only collect $6,000 in compensation.

Contact Our Atlanta Personal Injury Lawyer Today

If someone in Georgia injured you in an accident, you only have a limited time to file a personal injury lawsuit. It would be better to avoid forfeiting critical compensation for your injuries, and not acting promptly could give the insurance company more leverage to pay you less than you deserve. Contact our Atlanta personal injury lawyers at Shani O. Brooks P.C. at(404) 920-4736.

Shani O. Brooks Has Recovered Millions for Injury Victims Throughout the Greater Atlanta Area