Understanding the Clock on a Georgia Slip and Fall Claim

If you’re asking how long to file a slip and fall claim in Georgia, the short answer is generally two years. Filing deadlines for injury claims can be important, and they depend on the facts of each case. Some exceptions can change that date, so check your dates early.

This guide is for adults with serious injuries, such as fractures, hospital stays, or head and spine injuries that need care from a medical doctor.

The Short Answer: Generally Two Years in Georgia

Most Georgia injury lawsuits must be filed within two years. This deadline is set out in O.C.G.A. § 9-3-33-2023-pdf.pdf), the Georgia statute that covers actions for injuries to the person.

Slip and fall cases usually turn on the property owner’s duty. Georgia law, at O.C.G.A. § 51-3-1-2017-pdf.pdf), says an owner or occupier who, by express or implied invitation, leads people onto the property for any lawful purpose must use ordinary care to keep the premises and approaches safe, and is liable for injuries caused by failing to do so.

The exact deadline depends on the facts of your fall.

When the Clock Starts and What It Covers

The two-year period generally runs from the date the injury happened. That is the day you were hurt.

Say you slipped on a wet floor in a Clayton County store.

The clock covers filing, not healing. Recovery from serious injuries can take months. Fractures and head injuries fall under the same general rule.

Write down the day, the time, the exact spot, and the names of anyone who saw the fall. Also note the date of your first medical visit. These notes help anchor your timeline later.

Why Waiting on Insurance Talks Can Use Up Time

The statute’s two-year rule does not list insurance talks as a reason to stop the clock.

Many people wait while an adjuster reviews records. Keep track of how many months have passed since the fall.

Insurers often argue shared fault (when the injured person is partly to blame). Under O.C.G.A. § 51-12-33-pdf.pdf)-pdf.pdf)-pdf.pdf)-pdf.pdf), damages are reduced by the injured person’s percentage of fault. A person who is 50 percent or more responsible receives no damages.

Ask the adjuster about the timeline before agreeing to a recorded statement. Answering detailed questions before you understand your dates can shape the claim.

Exceptions That Can Change the Deadline

The two-year rule begins with the words “except as otherwise provided,” so other sections can change it. Some exceptions in Georgia’s injury statutes include:

• The pause cannot exceed six years.

Whether any exception fits depends on the facts. Don’t assume one applies. Check your own dates before counting on any pause. Wrongful death claims brought by families are a separate matter and need their own review.

Evidence and Records That Depend on Timing

Evidence can disappear, so early steps help. Photograph the hazard, such as a broken step or a puddle, before repairs happen. Write down what you remember while it’s fresh.

Ask for the incident report in writing if the property owner made one. Get the names and phone numbers of witnesses. Video systems can record over old footage, so send a written request for video as early as you can.

Medical records matter too. Treatment by a medical doctor creates a record that links your injury to the fall. Keep every bill, prescription receipt, and discharge paper.

OSHA’s walking-working surfaces guidance addresses slip, trip and fall hazards and the federal standards behind them.

Checking Your Dates With a Free Consultation

A free case review can check your fall date, your treatment timeline, and whether any exception may apply. The first consultation is free, confidential, and without obligation to continue.

Ugwonali Law Group is led by attorney Adanna Ugwonali. The firm represents injured people across metro Atlanta and statewide in Georgia. Intake is available in English or Spanish, at 3400 Peachtree Road NE, Atlanta.

Quick Answers

How long do you have to file a slip and fall claim in Georgia? Generally two years from the date of injury (O.C.G.A. § 9-3-33-2023-pdf.pdf)). Some exceptions can change that period.

Does talking to an insurance adjuster affect deadlines? Whether any deadline is affected depends on the facts of each case, so contact our team to discuss yours.

If a fall left you with a fracture or a hospital stay and you’re counting the days, our team can review your dates with you. Request a free case evaluation to get started.

Disclaimer: This page is general information, not legal advice. Responsible lawyer: Adanna Ugwonali, Ugwonali Law Group, 3400 Peachtree Road NE, Atlanta, Georgia. Contact: www.attorneyadanna.com/contact