Georgia Statute of Limitations

Georgia Statute of Limitations for Personal InjuryThe Georgia statute of limitations within which you must file suit is two years. There are certain exceptions for minors and the mentally incompetent but otherwise the rule is an absolute deadline. There is another exception for the estate's claim in a Georgia wrongful death case in that if the estate does not have an administrator appointed, there is a tolling period of five years before the two years begins to run. This will preserve the pain and suffering of the decedent claim, the claim for medical expenses, funeral expenses and punitive damages. Be careful out of state lawyers because the Georgia uninsured motorist claim is also bound by the two year statute of limitations, not the four year breach of contract statute. O.C.G.A. §9-3-33

As of September 28, 2009 there is a HUGE change in the law as it pertains to car accident cases and any injury case stemming from the commission of a crime. In Beneke v. Parker et al. S08G2078. S08G2082. (2009) the Supreme Court ruled that the two years statute of limitations for personal injury claims is tolled (extended) for the the same amount of time that passes between the commission of the traffic crime and the resolution of the traffic ticket. That means if a person gets ticketed for running a red light and then pays the ticket 30 days later, the statute of limitations will run 2 years and 30 days from the night the car accident occurred. This is a major development. We expect that the legislature will rewrite the statute soon, but this is a drastic departure from prior decisions. Click here for more on change to the Georgia Statute of limitations for injury cases.

Georgia Libel and Slander Claims
The Georgia statute of limitations for libel and slander claims is one year. O.C.G.A. §9-3-33

Georgia Fraud Cases
The Georgia statute of limitations for fraud claims is one year. O.C.G.A. §9-3-33

Georgia Claims for Damage to Property
The Georgia statute of limitations for claims for damage to property (cars, houses, dogs, cows etc.) is four years. O.C.G.A. §9-3-32

Georgia Medical Malpractice Claims
Although there are nuances under the discovery rule, as a general rule, Georgia malpractice claims are barred after two years and there is a statute of repose barring suit after five years even if the wrong went undiscovered until then. O.C.G.A. §9-3-71

Georgia Breach of Contract Claims
The Georgia statute of limitations for breach of written contract claims is six years. O.C.G.A. §9-3-24 Oral contracts only get four years.

Client Reviews
My wife and I were hit by a tractor trailer in 2014. After extensive research online, we were deeply impressed with the various reviews we read on Google and Avvo and chose Chris to represent us. We could not have a made a better decision. Chris and his firm treated us like we were their only clients, soothed our worries, and instantly gained our trust. Chris settled both of our cases for more than we expected. James
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I want to express my deepest sense of gratitude and appreciation to Attorney Chris Simon & Attorney Chris Carsten, for all the hard work that they put forth into my case (car accident filed after being hit by drunk driver). Their attention to detail and professionalism far surpasses their firm's reputation. Because of their diligence and dedication to their craft, they were able to bring my case to a successful close, one that I could live with. You will not find a better team for your case. Should I have a need for their services again in the future, or know of anyone looking for a top notch Auto Accident Law Firm, I would not hesitate to recommend them!!!! Elle
Wow...Chris is a very good attorney. Me and my son was in a very bad car accident an I was clueless on how to handle the situation. It's very hard to find an attorney who allows you to contact them personally instead of you contacting their asst. I was told that I didn't have a case because the hosiptal put a lien on my acct. Chris prove different and I was able to file my case with the insurance company. The process was very quickly and Im glad I selected the right attorney..Thanks Chris A Car Accident client
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