Time Limits for Personal Injury Claims in Georgia (And Why They Matter)

Common Questions: How Long Do I Have to File a Personal Injury Claim in Georgia?

Short answer: In most Georgia personal injury cases, you have two years—but there are important exceptions.

• When you are facing a life-changing personal injury, there is already too much to manage.

• How do I get myself and/or my family the medical care we need?

• When will I be able to go back to work?
• 
If a family member is tragically lost, how do we handle funeral arrangements?

• When will life begin to feel normal again?
  

While you are triaging these overwhelming decisions, it is critical not to lose sight of Georgia’s legal deadlines. Unfortunately, the law does not pause simply because life becomes difficult. And in many cases, the timeline is more complicated than people expect.

Recently, I received a call from a coworker of a former client. She had been injured in a motor vehicle accident last February and knew the statute of limitations deadline was approaching. She was right to be concerned.

What Is the Statute of Limitations for Personal Injury in Georgia?

In Georgia, most personal injury claims—including car accident cases—must be filed within two years of the date of injury. If a lawsuit is not filed within that time, the injured person may permanently lose the right to recover damages, no matter how serious the injuries are.

That said, Georgia law recognizes that certain circumstances can pause, or “toll,” the statute of limitations.

What Does It Mean to Toll the Statute of Limitations?

Tolling means the legal clock temporarily stops running, which can extend the deadline to file a personal injury lawsuit. Tolling does not apply automatically and is interpreted very narrowly by Georgia courts.

Some common situations where tolling may apply include:

• Minors: If the injured person is under 18, the statute of limitations generally does not begin to run until their 18th birthday.
• Mental incapacity: If a person is legally incapacitated at the time of injury, the statute may be tolled until capacity is restored.
• Fraudulent concealment: If a defendant actively hides wrongdoing that prevents discovery of the injury or its cause, tolling may apply until discovery.
• Pending criminal prosecution: If a civil injury arises from conduct that is also being prosecuted criminally—such as a DUI—the statute may be tolled while the criminal case is pending.
• Defendant absence: In limited circumstances, tolling may apply if a defendant cannot legally be served.

Each of these situations is fact-specific, and the injured person bears the burden of proving that tolling applies.

Why Waiting Can Still Harm a Personal Injury Case

When I spoke with this potential client, we discussed the immediate steps required because the statute of limitations was approaching quickly. She had understandable reasons for waiting, and I am always eager to help when possible.

However, even when a claim is still legally viable, time can limit what can be done. Evidence may be lost. Witnesses become harder to locate. Memories fade. Certain investigative tools are no longer available once too much time has passed.

The Bottom Line

If you have been injured, do not assume you have plenty of time—and do not assume tolling applies to your case. Georgia’s statute of limitations rules are strict, and missing a deadline can permanently bar recovery.

Speaking with a Georgia personal injury attorney early—even if you are unsure whether you want to move forward—helps preserve options and protect your rights.

Disclaimer
This blog post is provided for general informational purposes only and does not constitute legal advice. Every case is different, and deadlines can vary based on the specific facts and applicable law. Reading this post does not create an attorney-client relationship.

At Virginia Josey Law, we are more than just legal representatives - we are advocates for justice and allies for those who need us most.