Often times we receive phone calls after a statute of limitations has expired asking if there is anything the person can do to proceed with a personal injury claim.   After hearing the circumstances the answer to this question is usually in the negative; however, there are certain times when a statute of limitations may be postponed or suspended, thus allowing the party additional time to file the claim.  For example, the period of limitation may be postponed before starting to run, or suspended after once having started, under the following circumstances:

1. personal disabilities of the plaintiff (i.e. minors and legally incompetent persons);
2. absence of defendant from the state;
3. fraud of the defendant;
4. unrepresented estate;
5. discontinuance or dismissal; or
6. pending criminal prosecution of the defendant.

Let’s look at two particular circumstances when a statute may be tolled.  Assume a 14 year-old minor sustains a near drowning (survival of a drowning event involving unconsciousness or water inhalation) due to a negligent lifeguard at a private pool.  The statue of limitations on the minor’s claims is tolled (postponed) until the same time after his disability is removed, when he reaches the age of majority, 18 years old.  However, the parents also have claims, such as medical expenses until he reaches the age of 18, and these claims are not tolled.

For a second example, let’s assume a 50 year-old male is involved in a car wreck when the operator of tractor-trailer runs a stop sign at an intersection and strikes his car.  The truck driver receives a traffic citation for running the stop sign.  Georgia law provides that the statute of limitations in this case is tolled (suspended) pending the criminal prosecution of the truck driver.  O.C.G.A. § 9-3-99.    A “crime” under this section of Georgia law also applies to violations of the Georgia Uniform Rules of the Road.   Therefore, in our scenario of the tractor-trailer running the stop sign, when the truck driver is ticketed for the motor vehicle violation, the statute of limitations is tolled from the date of the infraction until a final disposition of the traffic charge, thus giving the injured person more time to file a lawsuit against the adverse driver.  Beneke v. Parker, 285 Ga. 733, 684 S.E.2d 243 (2009).

Just as there are circumstances in Georgia where the filing of a personal injury claim may be extended beyond the general 2 year statute of limitations, some claims (in particular claims against counties and municipal corporations) have specific, mandatory notice requirements (ante litem notice) that are required to be made as soon as 6 months after the event for claims against municipal corporations (O.C.G.A. § 36-33-5) and as soon as 12 months after they accrue for claims against counties (O.C.G.A. § 36-11-1).  If the proper notice is not provided, the claim or lawsuit may be barred.

There are intricacies pertaining to statute of limitations for personal injury claims and wrongful death claims in Georgia and our recommendation is to always speak to a lawyer as each case is different and there may be legal authority that would extend the statute of limitations in your particular case.  More importantly, you should speak to a lawyer to ensure the particular claim does not have mandatory ante litem notice requirements or even a shorter statute of limitations.  If you would like more assistance or have any questions about your specific personal injury or wrongful death claim, please do not hesitate to contact our law firm directly.