How soon after I am injured do I have to file a lawsuit?


In Georgia, the statute of limitations, meaning the time in which you have to file a lawsuit, is two years for most injury claims. That is, you will have two years from the date in which you were injured in a car wreck, slip and fall, or at work to file a lawsuit with the court.

This does not mean that an injured person can just sit on their hands for that amount of time.

Even though the statute of limitations for most injury claims are two years in Georgia, there are several types of claims that have extra requirements. Claims against some state agencies and government offices must be put on notice, called an ante litem notice, within six months or one year of the injury. Failure to place the government agency on notice with that period may end up barring your claim, even if you file the lawsuit within the statute of limitations.

Some other claims require that the allegations made in the lawsuit are backed up by the testimony of a professional. For example, medical malpractice and nursing home negligence claims in Georgia require an affidavit of a medical professional that attest to the claims. Retaining an expert to investigate and confirm the claims in an affidavit takes time.

Still, there are other reasons that you do not want to delay after you have been injured. Most car insurance policies require the insured notify the insurer after a car accident involving injuries. Failure to do so within a certain period of time can prevent certain types of coverage, like underinsured or uninsured motorist coverage.

After an injury, the clock is ticking. This is why it is very important that if you or a loved one have been injured in a car accident or a nursing home, that you contact one of our experienced personal injury trial lawyers today for a free consultation.