When you sustain injuries in an accident that was caused by the negligence of another party, you have a right to pursue compensation for your suffering. That said, you only have a certain amount of time to file your personal injury claim. If the statute of limitations expires on your claim, you will no longer be able to bring your case to court and will essentially lose your chance to recover damages.

The Time Limit in Georgia

In Georgia, the statute of limitations is two years, starting on the date of your injury. If you bring your personal injury claim to court after the two-year statute of limitations passes, the court will likely refuse to hear it. If your claim is against a county or city, the statute of limitations will be considerably shorter. You will have six months to file a formal claim, starting on the date of your injury. If your claim is against the state, the statute of limitations is two years, with the clock starting on the date you sustained the injury.

Exceptions to the Rule

Every rule has an exception and the statute of limitations is no different. In Georgia, the clock on the statute of limitations might not necessarily begin on the date the injury was sustained. In some situations, the starting date on the statute of limitations might be delayed or paused,

Below are some situations in which the statute of limitations might extend well beyond two years:

• If the at-fault party leaves the state after the accident before the injured party can file a lawsuit, the time during which the at-fault party is not in the state will not be counted toward the two-year time limit until he or she returns to the state.
• If the injured party is a minor or cannot file a lawsuit due to mental illness or an intellectual disability at the time of the incident, the statute of limitations will not begin until the person turns 18 or is no longer deemed incompetent.

Unless you are entitled to these extensions, you cannot expect your personal injury claim to be heard in court. If you are unsure when or if the statute of limitations began on your case, it is imperative to hire an attorney to ensure you do not miss out on your chance to file a claim and secure compensation.