Georgia Statute of Limitations for Accident and Injury Cases


Understanding the Georgia Statute of Limitations for Personal Injury and Accident Claims

In Georgia, the statute of limitations for filing a lawsuit related to personal injury or accident claims is two years from the date of the incident. This serves as a strict legal deadline, meaning failure to file within this period will likely result in the loss of the right to seek compensation. However, certain exceptions can extend this timeframe:

  • Minors and Mentally Incompetent Individuals: If the injured party is a minor or is deemed mentally incompetent at the time of the accident, the statute of limitations may be tolled (paused) until the disability is removed.
  • Wrongful Death Claims and Estate Administration: If an administrator has not been appointed for the deceased’s estate in a wrongful death case, there is a five-year tolling period before the two-year statute begins to run.
  • Uninsured Motorist Claims: Georgia law subjects uninsured motorist claims to the same two-year statute of limitations as personal injury cases. (O.C.G.A. §9-3-33)

Recent Legal Developments: Tolling in Car Accident and Crime-Related Injury Cases

A significant legal change occurred on September 28, 2009, impacting the statute of limitations for car accident cases and injury claims arising from criminal acts. According to Beneke v. Parker, S08G2078, S08G2082 (2009), the two-year statute of limitations for personal injury claims is tolled for the duration between the commission of a traffic offense and the resolution of the related citation.

Example: If a driver is ticketed for running a red light and pays the fine 30 days later, the statute of limitations will be extended by those 30 days.

Recent Court Interpretation: Tolling Requires a Criminal Charge

While tolling can extend the statute of limitations, it applies only in cases where a criminal charge is issued. This principle was clarified in Tolliver v. Dawson (2023):

  • Case Facts: On February 12, 2020, Gintelle Toliver was involved in a car accident with Darly Dawson. Toliver filed a personal injury lawsuit on August 1, 2022, beyond the two-year statute of limitations.
  • Legal Argument: Toliver claimed that her case fell under O.C.G.A. §9-3-99, which tolls the statute of limitations for tort claims related to pending criminal proceedings.
  • Court Ruling: The police report showed Toliver received a citation for an improper lane change, not Dawson. The court ruled that her claim was time-barred.

Georgia Statute of Limitations for Other Legal Claims

  • Libel and Slander Claims: 1 year (O.C.G.A. §9-3-33)
  • Fraud Claims: 1 year (O.C.G.A. §9-3-33)
  • Property Damage Claims: 4 years (O.C.G.A. §9-3-32)
  • Medical Malpractice Claims: Generally 2 years, with a statute of repose barring claims after 5 years (O.C.G.A. §9-3-71)
  • Breach of Contract Claims:
    • Written contracts: 6 years (O.C.G.A. §9-3-24)
    • Oral contracts: 4 years

Final Considerations

Understanding Georgia’s statute of limitations is crucial in protecting legal rights. Failing to file within the required timeframe can result in a loss of the right to pursue damages. If you are uncertain about your case or possible exceptions, consulting an experienced attorney can help navigate these complexities and ensure timely legal action.