Key facts at a glance
- Lawsuit deadline (most injuries)
- 2 years
- O.C.G.A. 9-3-33
- Medical malpractice
- 2 years, 5-year absolute limit
- O.C.G.A. 9-3-71
- Fault rule
- Barred at 50% fault
- O.C.G.A. 51-12-33
- Notice to a city
- 6 months
- O.C.G.A. 36-33-5
- Notice to the state
- 12 months
- O.C.G.A. 50-21-26
- Minimum auto liability
- $25,000 / $50,000 / $25,000
- O.C.G.A. 33-7-11
Filing deadlines
Georgia's statute of limitations for injuries to the person is two years from the date the right of action accrues, which is normally the date of the injury. Loss of consortium claims have four years. Medical malpractice claims must be filed within two years of the injury or death and, regardless of discovery, no later than five years after the negligent act, with a separate one-year-from-discovery rule for foreign objects left in the body.
These periods can be paused (tolled) in limited situations, such as for minors or people with certain legal disabilities, but you should not assume tolling applies. Once the deadline passes, the claim is usually lost.
How fault affects your recovery
Georgia uses modified comparative negligence. A jury assigns percentages of fault to everyone involved, including non-parties, and your damages are reduced by your own percentage. If you are found 50 percent or more responsible, you recover nothing. Insurers use this rule aggressively, which is why evidence about the other party's conduct matters so much.
Claims against cities, counties and the state
Georgia requires an ante litem notice before you can sue a government body, and the periods are far shorter than the two-year lawsuit deadline. A claim against a city must be presented in writing within six months of the event, stating the time, place, extent of the injury, the negligence alleged and the amount claimed. A claim against the state or a state agency under the Georgia Tort Claims Act must be sent within 12 months of the loss to the Department of Administrative Services' Risk Management Division, by certified mail or personal delivery. Courts apply these requirements strictly and a late or defective notice ends the claim.
Auto insurance in Georgia
Georgia drivers must carry at least $25,000 of bodily injury liability per person, $50,000 per accident and $25,000 of property damage coverage. Serious injuries often exceed these limits, so uninsured and underinsured motorist coverage on your own policy can be the difference between a full and a partial recovery. Insurers must offer this coverage; check your declarations page to see whether you accepted it.
Work injuries in Georgia
Workplace injuries are handled by the State Board of Workers' Compensation. Georgia requires you to report a work injury to your employer promptly (within 30 days), and the employer's insurer directs medical care through a posted panel of physicians. Injuries caused by someone other than your employer can also support a separate personal injury claim under the two-year deadline.
Finding and checking an attorney
Any attorney who represents you in Georgia must be licensed by the State Bar of Georgia. Ask Legal Matters does not verify the license of attorneys that its partners connect you with, so use the State Bar's public member directory to confirm an attorney's status and discipline history before you sign an agreement.
Guides by injury type
Each guide explains what matters in that kind of claim, with Georgia examples where the rules differ.
Official Georgia resources
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