Know the Clock Before It Runs Out

Here it is. In Georgia, most injury lawsuits from a car or truck crash must be filed within two years.

The statute of limitations is a filing deadline set by law. If a case is not filed in court before the deadline, a judge may refuse to hear it. That can happen even when the injuries are serious.

This guide explains the main deadlines, when the clock starts, and when it can pause. It is general education, not advice about your specific case.

The Short Answer: Two Years for Most Georgia Car Accident Injury Claims

Georgia generally allows two years to file a personal injury lawsuit after a crash (two-year personal injury limitation). O.C.G.A. § 9-3-33-2023-pdf.pdf)-2023-pdf.pdf)-2023-pdf.pdf) says actions for injuries to the person must be brought within two years after the right of action accrues, unless the statute provides otherwise.

Some related claims run longer. A spouse’s loss of consortium claim, meaning the loss of marital companionship, generally has four years under the same statute.

The deadline concerns filing a lawsuit in court. It does not wait for treatment to end or for an insurance offer to arrive. Missing it can end the claim, even when the injuries are serious and well documented.

When the Clock Starts: The Date of the Crash

For most crash injuries, the period runs from when the right of action accrues. For traumatic injuries, the two-year period under O.C.G.A. § 9-3-33 generally runs from the date of injury.

The statute’s text ties the period to accrual. It does not name the first doctor visit, a later diagnosis, or a final bill as a restart point.

Here is a simple example. A crash happens on March 10. A two-year count runs to March 10 two years later. Counting rules can be technical, though. Don’t rely on a rough estimate, and don’t let the date slip while treatment continues.

Deadlines by Claim Type: Injury, Property Damage, and Wrongful Death

Under O.C.G.A. § 9-3-33, injury claims generally have a two-year filing period that runs from the date of injury.

Don’t assume the four-year period covers your injuries.

For a death caused by a crash, O.C.G.A. § 51-4-2-pdf.pdf)-pdf.pdf)-pdf.pdf) says a surviving spouse, or children if there is no surviving spouse, may recover for the homicide of a spouse or parent. When no one is entitled to sue, O.C.G.A. § 51-4-5-2017-pdf.pdf)-2017-pdf.pdf)-2017-pdf.pdf) allows the decedent’s administrator or executor to bring the action for the next of kin.

Can the Deadline Be Paused or Extended?

Don’t assume one applies to you.

For a minor, O.C.G.A. § 9-3-90-2023-pdf.pdf)-2023-pdf.pdf)-2023-pdf.pdf) says a person under 18 when the claim accrues gets the usual time after turning 18. The same section gives a similar rule for a person who is legally incompetent because of intellectual disability or mental illness. That time runs after the disability is removed.

A criminal case can also pause the clock. Under the same compilation, O.C.G.A. § 9-3-99 tolls the period for a victim’s tort claim from the date of the alleged crime until the prosecution becomes final or is otherwise terminated, for claims arising from that crime. That pause cannot exceed six years.

Treat the two-year date as the working deadline until a review of your facts says otherwise.

Whether Talking to the Insurance Company Affects the Deadline

Whether talking with an insurance company affects a filing deadline depends on the facts of each case. Adjuster calls, claim numbers, and settlement offers are not lawsuits.

A demand letter is not a filed case.

An adjuster may describe a timeline that differs from the legal deadline. Contact Ugwonali Law Group to confirm the deadline for your claim. If you are being asked for a recorded statement now, recorded statement guidance explains what to think about first.

Why Waiting Can Affect Evidence and Medical Records

Waiting may affect the evidence available for a claim, even before any deadline passes. The calendar is not the only risk.

Photos, vehicle data, and repair records can be lost or replaced. Police report details can become harder to confirm.

Gaps in treatment may be one factor in how a claim is evaluated. A steady record of care helps show how the injury affected daily life. For more on this, see gaps in medical treatment after a car accident.

Delay does not automatically end a claim. It is a reason to act early.

Medical Bills, Liens, and Planning Around the Deadline

Track the filing date separately from payment questions.

O.C.G.A. § 51-12-1.1-pdf.pdf)-pdf.pdf)-pdf.pdf) addresses letters of protection, which are arrangements where a provider treats a patient in exchange for a promise of payment from a judgment or settlement. The statute makes those arrangements and their charges relevant and discoverable in a lawsuit. For more, see medical bills and liens after a Georgia crash.

Keep a simple written record. Include providers, dates of treatment, bills, and insurance letters. This record makes the timeline easier to review later.

Next Steps If the Date Is Approaching or Has Passed

Start with a short checklist. Write down the crash date. Save the police report number. Keep medical records together. Note every insurance contact. Mark the two-year date on a calendar.

If the deadline is close, or may have passed, get a review of your specific facts quickly.

Adanna Ugwonali is the responsible lawyer at Ugwonali Law Group, 3400 Peachtree Road NE, Atlanta, Georgia. The firm represents people hurt in car and truck crashes and families in wrongful death cases across metro Atlanta and statewide in Georgia. For a broader overview, see the Atlanta car accident claims page.

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