Mastering the Timelines: Georgia’s Statute of Limitations for Personal Injury Claims Explained
Published: April 12, 2023
Understanding Georgia’s Statute of Limitations for Personal Injury Claims
Get the Essential Information from Cohen & Sinowski, Your Trusted Local Personal Injury Law Firm
When it comes to personal injury cases, time is of the essence. In Georgia, strict statutes of limitations govern when and how these claims can be filed. At Cohen & Sinowski, Scott S. Cohen and Thomas C. Sinowski, II, are here to help you understand these crucial deadlines and navigate the complex legal process. Located at 30 Trammell St. SW, Marietta, GA, we’re your local personal injury law firm with the expertise to guide you every step of the way. #localmatters
Key Statutes of Limitations in Georgia:
Personal Injury Claims: These claims must be filed within two years from the date of the injury.
Wrongful Death Claims: These claims must be filed within two years from the date of death.
Loss of Consortium Claims: A spouse has four years to file this type of claim.
Property Damage Claims: Individuals have up to four years to file a property damage claim.
Pre-Suit Notification Deadlines:
In Georgia, specific deadlines apply when the defendant in a personal injury case is a state or local government. These pre-suit notification or “ante litem” deadlines include:
State Government: A written pre-suit notice of the claim must be provided within 12 months of the event.
Municipal Government: A written pre-suit notification must be provided within six months.
County Governments: A written ante litem notice must be provided within 12 months and before a suit is filed with the court.
Exceptions to the Statute of Limitations:
In some cases, Georgia law allows for the extension of the limitation period and ante litem period. For example:
Injured Children: The statute of limitations does not begin until the child turns 18, expiring on their 20th birthday.
Mental Incompetence: The statute is tolled until a guardian is appointed or disability status is removed.
Pending Criminal Cases: The statute of limitations can be tolled, not exceeding six years, if there is a pending criminal case against the defendant.
If you or a loved one has suffered a personal injury in Georgia, it’s essential to act quickly and seek legal counsel. With their expertise and commitment to their clients, Scott and Tommy at Cohen & Sinowski are here to support you through this challenging time. Contact us at 404-351-8888 or email Thomas at Info@candspc.com to schedule a consultation. Visit our website at www.cohensinowski.com for more information and resources. Remember, #localmatters!