[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/statute-of-limitations-for-personal-injury-cases-in-georgia\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/statute-of-limitations-for-personal-injury-cases-in-georgia\/","headline":"Georgia\u2019s Statute of Limitations for Personal Injury Cases","name":"Georgia\u2019s Statute of Limitations for Personal Injury Cases","description":"Statute of Limitations\u00a0for Personal Injury Claims in Georgia It\u2019s crucial to know how long you have before your rights disappear forever.\u00a0Every state has a restricted time period in which you must file and serve your personal injury case.\u00a0In Georgia, as a general rule, a person has two years to file a personal injury case. There&hellip; <a class=\"more-link\" href=\"https:\/\/butlerfirm.com\/blog\/statute-of-limitations-for-personal-injury-cases-in-georgia\/\">Continue reading <span class=\"screen-reader-text\">Georgia\u2019s Statute of Limitations for Personal Injury Cases<\/span><\/a>","datePublished":"2018-12-04","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/butler\/#Person","name":"Jeb Butler","url":"https:\/\/butlerfirm.com\/blog\/author\/butler\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/f5a02bc71d91db5fc8645f129c4424ce6ef7af7e24fe54f4a85315a9dd28f317?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/f5a02bc71d91db5fc8645f129c4424ce6ef7af7e24fe54f4a85315a9dd28f317?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/personal-injury-atlanta.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/personal-injury-atlanta.jpg","height":496,"width":640},"url":"https:\/\/butlerfirm.com\/blog\/statute-of-limitations-for-personal-injury-cases-in-georgia\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=VrqP3xl8-GA#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=VrqP3xl8-GA","name":"LAWYER: Explains Statute of Limitations (or Deadline) in Georgia Personal Injury Cases","description":"There is a deadline by which a personal injury case must be filed, as most people know. Lawyers call that deadline the \"statute of limitations.\" It refers to the deadline by which a plaintiff's claim must be filed with the court. \n\nUnder Georgia law, there are different statutes of limitation (i.e., different deadlines) for different kinds of cases. The general statute of limitations for personal injuries is two years from the date of the injury. In this video, we discuss that rule and an important exception. \n\nThis rule applies in most types of cases that we handle. It applies in personal injury cases and in wrongful death cases. It applies in tractor-trailer accidents, car accidents, pedestrian accidents, motorcycle accidents, and bicycle accidents. It applies in shooting cases, sexual assault cases, and product liability cases. \n\nFor more about who we are and what we do, visit https:\/\/butlerfirm.com\/\n\n\u2757DISCLAIMER\u2757\n\nWe are not your lawyer. All content provided is for informational purposes only and not for the purpose of providing legal advice. Any verdicts, settlements or other case results discussed are not guaranteed and must be evaluated on their own merits.\n\nButler Kahn: https:\/\/butlerfirm.com\/\n\nAtlanta, Georgia location:\nhttps:\/\/maps.app.goo.gl\/Y3fCFkRVAn7jzGD16\n\nLawrenceville, Georgia location:\nhttps:\/\/maps.app.goo.gl\/PaShwcicz5DQDFsD6\n\nRoswell, Georgia location:\nhttps:\/\/maps.app.goo.gl\/uTVtgfq3RspJ5QQbA\n\nJonesboro, Georgia location:\nhttps:\/\/maps.app.goo.gl\/Jr2umQB8o32QaaRK6\n\nFree Guides:\nWhat To Do After a Car Accident: https:\/\/butlerfirm.com\/georgia-car-accident-lawyers\/what-to-do-after-an-accident\/\nShould I Hire an Accident Lawyer: https:\/\/butlerfirm.com\/atlanta-car-accident-lawyers\/when-needed\/\nGeorgia Wrongful Death Statute Explained: https:\/\/butlerfirm.com\/blog\/georgia-wrongful-death-statute-explained\/\n\nJOIN US ON SOCIAL MEDIA\nFACEBOOK LINK: https:\/\/www.facebook.com\/butlerfirmllc \nTWITTER LINK: https:\/\/twitter.com\/Butler_Firm \nINSTAGRAM LINK: https:\/\/www.instagram.com\/butler_law_firm\/ \nLINKEDIN LINK: https:\/\/www.linkedin.com\/company\/butlerfirm\/ \n\nSEE OUR REVIEWS \nGOOGLE REVIEWS: https:\/\/search.google.com\/local\/writereview?placeid=ChIJoR24iRoG9YgRSH8GpDMLiMQ FACEBOOK REVIEWS: \nhttps:\/\/www.facebook.com\/butlerfirmllc\/reviews\/","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/VrqP3xl8-GA\/default.jpg","https:\/\/i.ytimg.com\/vi\/VrqP3xl8-GA\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/VrqP3xl8-GA\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/VrqP3xl8-GA\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/VrqP3xl8-GA\/maxresdefault.jpg"],"uploadDate":"2020-11-12T15:27:14+00:00","duration":"PT3M37S","embedUrl":"https:\/\/www.youtube.com\/embed\/VrqP3xl8-GA","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw","name":"Butler Kahn","description":"We help people and families.\n\nOur firm specializes in personal injury and wrongful death cases.  We are based in Atlanta, Georgia.  We handle cases across Georgia and, for certain types of cases, all across the country.\n\nTOP-QUALITY LEGAL WORK.  We do the work that lots of law firms skip.  We track down witnesses, dig into the evidence, and prepare intensely for every deposition, trial, and hearing.  We take a small number of cases so that we can devote our full attention to the clients we represent.\n\nPERSONAL SERVICE.  If you hire us, you get us.  You won't get blocked by a receptionist or leave unreturned messages.  If you want to speak with your lawyer, you can.\n\nDOING WHAT WE SAY WE'LL DO.  Some law firms make big promises at the beginning, then don\u2019t follow through.  We shoot straight \u2013 when we tell you something about your case, good or bad, we mean it.  No fake promises.\n\nButler Kahn\n10 Lenox Pointe\nAtlanta, GA 30324\n678-940-1444\n","logo":{"url":"https:\/\/yt3.ggpht.com\/NTOsbNEALVOnRbUCg7jUzYGcC4kNKsUTEVHm5TtiTQdLlfFKksLTnmiZG_t6zDG_e4ygtnva=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=VrqP3xl8-GA#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=VrqP3xl8-GA#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=VrqP3xl8-GA&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=VrqP3xl8-GA#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":1131}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=VrqP3xl8-GA#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":12}]},"about":["Personal Injury"],"wordCount":687,"articleBody":"Statute of Limitations\u00a0for Personal Injury Claims in GeorgiaIt\u2019s crucial to know how long you have before your rights disappear forever.\u00a0Every state has a restricted time period in which you must file and serve your personal injury case.\u00a0In Georgia, as a general rule, a person has two years to file a personal injury case. There are of course exceptions to this general rule.\u00a0For example, if the injury is caused by the state, county, city, or municipality, you cannot wait two years as you must send an ante-litem notice within a certain number of months of the injury.[su_youtube url=&#8221;https:\/\/www.youtube.com\/watch?v=VrqP3xl8-GA&amp;feature=youtu.be&#8221;]Tolling of the StatuteWhile two years is the general rule, there are numerous exceptions. Additionally, the two-year \u201ctimer\u201d may be \u201ctolled\u201d which means that the time you have to bring your case may actually be more than two years which of course means you have more time.Two of the more common situations where a\u00a0statute of limitations could be tolled\u00a0are when the injury is:to a minor\u2014a person who is under the age of 18\u2014in which case the statute of limitations does not begin to run until the minor turns 18, andwhen a crime has taken place.One important case that addresses the meaning of \u201ccrime\u201d is from 2009 in the case of\u00a0Beneke v. Parker, 285 Ga. 733 (2009).\u00a0That case says a\u00a0\u201ccrime\u201d includes a traffic violation.\u00a0 Including a traffic citation within the definition of a crime means that the statute of limitations is extended beyond the date of the accident.O.C.G.A. \u00a7 9-3-99 is an important statute that addresses tolling. O.C.G.A. \u00a7 9-3-99 holds that the running of the statute of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime is tolled from the date of the commission of the crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years.\u00a0 This statute is a very important piece of legislation as it gives victims more time to file. Often\u00a0sexual assault victims\u00a0don\u2019t feel ready to come forward until years after the attack.\u00a0This statute is intended to help and protect those victims.In 2016 the Georgia Court of Appeals decided\u00a0Harrison v. McAfee, 338 Ga. App. 393 (2016). There, the Court expanded the tolling provisions and held that nothing in O.C.G.A. \u00a7 9-3-99 limited its application to cases against known criminal perpetrators.\u00a0The Court held that the statute applies to \u201cany\u201d cause of action that \u201carises out of the facts and circumstances relating to the commission of such alleged crime.\u201dStarting the CaseKeep in mind that just because the statute of limitations can be tolled does not mean that victims should wait to pursue their case.\u00a0Gathering evidence and talking with witnesses\u00a0is very important and as more time passes evidence can get lost and witnesses may forget.Also, it is important to remember that the two-year statute of limitations does not apply to every case or to every fact situation.\u00a0O.C.G.A. \u00a7 9-3-33, titled \u201cInjuries\u00a0to the person\u201d, holds that if the damages suffered are only to a person\u2019s reputation then the individual has only one year to file a claim.\u00a0The statute also holds that if the personal injury results in a person enduring a loss of consortium (the inability to have normal marital relations which includes many areas beyond just sexual relations), the statute of limitations is four years.Other cases outside of personal injury have different statutes so it is very important that victims consult with a lawyer as quickly as possible after the event.An experienced\u00a0personal injury lawyer in Atlanta\u00a0can discuss with you the intricacies of the statute of limitations as it relates to your injury."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Georgia\u2019s Statute of Limitations for Personal Injury Cases","item":"https:\/\/butlerfirm.com\/blog\/statute-of-limitations-for-personal-injury-cases-in-georgia\/#breadcrumbitem"}]}]