In the vast majority of cases, injured parties have two years within which to file claims, starting when they sustain injury related to another party’s negligence. Not filing within this window voids one’s ability to gain compensation for damages to health and emotional well-being, as well as coverage of related medical bills.
The two-year statute of limitations applies to a wide range of cases, including product liability, medical malpractice, slip-and-fall accidents, and motor vehicle incidents.
When Georgia’s Two-Year Deadline Doesn’t Apply
It’s worth noting that several situations present exceptions to the rule, extending or pausing the statute of limitations. One common situation involves product liability or medical malpractice cases in which an injury is discovered some time after it occurs. For example, surgical equipment could have been negligently left in a patient’s body, with the health fallout only becoming apparent after several months. Under the discovery rule, the clock only starts ticking on the filing of a lawsuit when the actual extent of the injury or damage is known.
Another exception centers on minors and those with mental incapacities. In cases where the injured party is a minor, the statute of limitations is typically paused until the victim reaches age 18. This gives them until age 20 to file suit. Alternatively, a pause may be enforced until the injured party is mentally capable of handling the legal issue. In addition, if a criminal act is implicated in the circumstances of the injury, the statute of limitations remains paused until criminal proceedings conclude.
One situation that complicates matters is when an at-fault party leaves Georgia after an accident and before a claim is filed. The time the defendant spends out of state does not count toward the statute of limitations, effectively extending the filing deadline.
Other circumstances may shorten the statute of limitations for medical malpractice. For example, when a case involves foreign objects left in the body, plaintiffs have up to one year after discovering the object to file a claim.
Special Filing Rules for Car Accidents and Medical Malpractice
Specific rules governing automobile accidents in Georgia are also worth noting. In cases where the accident involves a state, county, or city vehicle, “ante-litem notice” rules come into effect. This requires injured parties to serve written notice to municipal defendants within six months of the accident, or within 12 months for state agencies. If this step is not taken, the victim may be barred from pursuing litigation even if the standard two-year statute of limitations has not expired.
By contrast, when the at-fault driver faces DUI or other criminal charges, the plaintiff may have up to six years after the incident to file a lawsuit. This allows victims to pursue damages even after lengthy criminal proceedings. Otherwise, the statute of repose places an overarching limit on medical malpractice claims, generally barring lawsuits filed more than five years after the malpractice occurred, regardless of when the injury was discovered.
Douglas Herman is a Savannah, Georgia, attorney who provides counsel in a wide range of personal injury cases and maintains a strong presence in the local community. His practice includes helping clients navigate various aspects of Georgia law, including the statutes of limitations that apply to personal injury claims.