When pursuing justice through the civil court system, time matters. In Georgia, every type of civil claim has a statute of limitations with a deadline by which a lawsuit must be filed. Missing this window to file your lawsuit can mean losing your right to seek compensation, no matter how strong your case may be.
At Isenberg & Hewitt, we help individuals and families navigate these critical deadlines to protect their legal rights. Below, we’ve outlined the time limits for these statutes of limitations that generally apply to civil cases in Georgia and why it’s so important to act quickly.
In addition to civil statutes of limitations, you need to keep in mind that in many cases involving the government, there are certain notices that must be sent to the appropriate governmental entity and must be filed earlier than any applicable civil statute.
What is the Statute of Limitations?
The statute of limitations sets the maximum time you have to file a lawsuit after a wrongful act occurs. In most cases, the clock starts running on the date of the incident, when the harm occurred or was discovered. There are, however, some exceptions that can pause or extend the deadline.
For example, if the injury is caused by a criminal act, the statute may be extended. If the injury is to a minor, the statute may not begin to run until the child reaches the age of majority. In any event, delaying almost always works to your disadvantage. You should contact competent counsel to discuss your potential claims sooner rather than later.
Common Civil Statutes of Limitations in Georgia
You may be more familiar with the deadlines for criminal lawsuits, but civil lawsuits have different rules. Here are some of the most frequently encountered deadlines imposed for civil lawsuits under Georgia law.:
- Sexual Assault (Civil Claims): 2 years from the date of the incident. The applicable civil statute of limitations can vary though depending on a number of issues and may be longer based on the age of the victim or the status of the victim.
- Elder Abuse or Neglect: Generally, 2 years, but may be extended if the abuse is not immediately discovered
- Premises Liability: 2 years from the date of the injury
- Personal Injury and Wrongful Death: 2 years (O.C.G.A. § 9-3-33)
- Medical Malpractice: 2 years, but no more than 5 years from the act (O.C.G.A. § 9-3-71)
- Fraud: 2 years (O.C.G.A. § 9-3-33)
- Libel and Slander (Defamation): 1 year (O.C.G.A. § 9-3-33)
- Trespass and Property Damage: 4 years (O.C.G.A. § 9-3-30, § 9-3-32)
Why You Should Act Quickly to File a Civil Lawsuit
Failing to file a lawsuit before the applicable statute of limitations expires means your claim will be ineligible for pursuit and, if filed, will be dismissed. This means you will lose your right to seek compensation, even if your case is ironclad.
For example:
- If you are injured due to unsafe conditions in a store or on a property, you generally have two years to file a premises liability claim. There are exceptions involving concealment, age of the victim and cases of sexual assault. If you are a victim of any type of assault, you should contact a lawyer experienced in handing assault and premises liability cases without delay.
- If you are defamed in writing or speech, you only have one year to act.
- For elder abuse cases, the statute may not start until the harm is discovered, which can extend the timeline, but waiting too long can still put your claim at risk.
Factors That May Extend the Time Limit to File a Lawsuit
Certain circumstances can pause the statute of limitations:
- Discovery Rule: The clock starts when the harm is discovered. This rule is significant for injuries that emerge over time. But you need to be cautious with respect to any delay.
- Minor Victims: Time limits are paused until the child turns 18. This does not mean a parent cannot pursue the child’s claim. Waiting in some cases results in evidence and witnesses becoming unavailable. The plaintiff always has to prove their case; a defendant has to prove nothing. That burden of proof is always with the claimant or plaintiff.
- Legal Incompetence: If the victim is incapacitated, the period may be delayed until it can be proven the victim is legally competent.
- Pending Criminal Charges: Related criminal proceedings do not delay the start of the civil deadline. Criminal and civil cases can happen at the same time. A victim does not have to wait until a criminal case has concluded. Every state sets its own statute of limitations.
Isenberg & Hewitt has tried cases and represented clients in multiple states. Each state has its own Statute of Limitations. Tennessee, for example, generally has a one-year statute in many civil actions.
Take Action Quickly
Every case is different and determining the correct statute of limitations for a specific situation can be confusing. At Isenberg & Hewitt, we understand the nuances of Georgia’s civil laws and help clients avoid costly mistakes.
If you or a loved one has suffered harm and is considering legal action, it’s essential not to delay. The sooner you consult an experienced attorney, the stronger your chances of protecting your rights and pursuing justice. In addition, a skilled attorney will know each deadline for filing a lawsuit in your state and keep your case on track.
Here at Isenberg & Hewitt, we have years of experience in pursuit of civil justice for crime victims in the state of Georgia and across the country. We have represented victims, survivors and families of victims in Georgia, Florida, South Carolina, Tennessee, Ohio, West Virgina, Illinois, Texas and Nevada. We will ensure your claim is timely filed and vigorously pursued. Contact us today to discuss your case.