Georgia Comparative Fault
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Georgia Injury Guide
Georgia Personal Injury Deadlines: Private and Government Claims
Waiting can end an injury claim before a court ever considers the evidence. Georgia has a common two-year rule for many injury actions, but government notices and other claim types can require action much sooner.Published by Shield Legal Group · Updated July 12, 2026
The General Rule
Two Years Is Common—not Universal
O.C.G.A. § 9-3-33 generally requires an action for injury to the person to be filed within two years after the claim accrues. That is a filing deadline—not a safe period to wait while video disappears, vehicles are repaired, witnesses move, or an insurer evaluates the claim.
The word “generally” matters. A different period or accrual rule may apply to wrongful-death and estate claims, medical malpractice, property damage, loss of consortium, injuries involving minors, product claims, or matters affected by criminal proceedings. An insurance claim or settlement negotiation ordinarily does not replace a required lawsuit or government notice.
Georgia provides public access to the Official Code of Georgia Annotated.
Shorter Notice Rules
Government Claims May Require Notice Before Suit
State of Georgia
O.C.G.A. § 50-21-26 generally requires written notice within 12 months after the loss was or should have been discovered. The notice must contain specified information, be delivered to the Department of Administrative Services by an approved method, and be copied to the responsible state entity. The current DOAS State Tort Claims Policy describes these requirements.
Cities and municipalities
O.C.G.A. § 36-33-5 generally requires a written claim within six months of the event. The notice must identify required facts and the specific amount sought and must be served on the proper city official using an authorized method. The statute is reproduced in an official City of Atlanta government document.
Counties
O.C.G.A. § 36-11-1 generally requires claims against a county to be presented within 12 months after they accrue or become payable. The correct recipient and any additional requirements should be confirmed for the particular county and claim.
Federal government
Under 28 U.S.C. § 2401(b), a federal tort claim generally must be presented in writing to the correct agency within two years. After a final written denial, the claimant generally has six months to file suit.
Entity Identification
A Notice Sent to the Wrong Government May Not Protect the Claim
A city is not a county, and neither is the State of Georgia. Authorities, school systems, public hospitals, transit providers, federal agencies, and private contractors may follow different immunity and notice rules. A vehicle logo, uniform, property address, or casual description of the employer may not identify the legal entity that must receive notice.
Do not use this page to calculate a deadline. Identifying the parties, claim type, accrual date, proper recipient, required contents, delivery method, and proof of service requires fact-specific legal analysis.
Why Representation Matters
Counsel Calendars More Than “Two Years”
A lawyer can identify every potentially responsible entity, determine which notice statutes apply, preserve proof of delivery, investigate tolling or accrual issues, file within the correct limitation period, and prevent insurance negotiations from consuming the time available. An unrepresented claimant may not learn that a six-month notice was required until the ordinary two-year period is still far away—but the claim is already impaired.
Related Guidance
Continue Your Research
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Car Accident Claims
Review the firm’s approach to Georgia collision claims.
Frequently Asked Questions
Georgia Injury Deadline Questions
Is every Georgia personal injury deadline two years?
No. Two years is a common general rule, but the defendant, claim type, claimant’s status, government involvement, and other facts can change the deadline.
Does opening an insurance claim stop the deadline?
Not ordinarily. A claim number, ongoing negotiations, or an adjuster’s promise to investigate should not be treated as an extension unless a legally effective written agreement or rule applies.
What should I do if a government vehicle or property was involved?
Identify the driver’s employer or property owner and obtain legal advice immediately. A pre-suit notice may be due months before the ordinary lawsuit deadline.
Do Not Let an Insurer Consume the Time Available
Shield Legal Group can evaluate the parties, possible notice requirements, evidence risks, and filing deadlines before an apparent “two years” becomes a preventable problem.
Free case evaluation. No attorney’s fee unless we recover compensation for you.
Published by Shield Legal Group · Updated July 12, 2026. This page provides general information, not legal advice. Do not rely on it to calculate a deadline. Deadlines depend on the facts, parties, claim type, and applicable law. Reading this page or contacting the firm does not create an attorney-client relationship.