Attorneys

The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In Georgia, an action for personal injury or death caused by negligence or intentional acts must be brought within two years from the date when the cause of action accrues. For a minor's personal claim, the limitation period is tolled until the child's eighteenth birthday (except for medical malpractice claims). Claims for marital consortium have a four­year statute of limitations. A claim for injury to reputation (i.e. slander) must be commenced within one year.

For medical malpractice claims, Georgia has a two­year statute of limitations and a five­year statute of repose. The statue of repose means that in no event may an action be brought more than five years after the date of the alleged negligent act. These limits apply to minors except that the limitation period will never run prior to the claimant's seventh birthday and the statute of repose will never run until the child's tenth birthday. The two­year limitation does apply to a parent's claim for the child's medical expenses. However, foreign object case may be brought anytime within one year of discovering the object.

There are special claims presentation requirements for claims against state and local government. For claims against the state or the county, written notice must be presented within twelve months and prior to filing suit. For municipal government, you must present a written claim within six months of the alleged wrongful act.

Personal Injury Sub-categories