Georgia injury law
Georgia Statute of Limitations
You generally have two years from the date of the crash to file suit in Georgia.
Under O.C.G.A. 9-3-33 you have two years from the date of injury to file a personal injury lawsuit in Georgia, and two years from the date of death for a wrongful death claim. Property damage has a four-year deadline. There are traps: a claim against a city requires ante litem notice within six months, a county within twelve months, and the State of Georgia within twelve months. A pending criminal prosecution arising from the same incident can toll the civil deadline for up to six years. Missing the deadline ends the claim regardless of how strong the liability evidence is.
Georgia at a glance
- Deadline
- Two years from the date of the crash for personal injury and wrongful death claims (O.C.G.A. 9-3-33). Property damage claims get four years. Claims against a city, county, or the state carry ante litem notice deadlines as short as six months.
- Fault rule
- Modified comparative negligence with a 50% bar (O.C.G.A. 51-12-33). You can recover as long as you are less than 50% at fault, but your award is reduced by your share of the blame.
- Min. coverage
- $25,000 per person / $50,000 per accident bodily injury and $25,000 property damage. Georgia does not require uninsured motorist coverage, but insurers must offer it in writing.
More Georgia law
Related rules
- Damages You Can Recover in GeorgiaMedical costs, lost income, future care, pain and suffering, and in some cases punitive damages.
- Dealing With Insurance AdjustersYou are not required to give a recorded statement to the other driver's insurer.
- Georgia Comparative NegligenceRecover only if you are less than 50% at fault, with your award reduced by your share.
- Georgia Insurance Minimums & UM Coverage25,000 per person minimum, which is why uninsured motorist coverage often decides recovery.
- How Fault Is Actually ProvenPhysical evidence and data beat conflicting driver statements every time.
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