Why there's a deadline at all
Every state sets a time limit, called a statute of limitations, for filing an injury lawsuit. If you miss it, a court will usually refuse to hear your claim, however strong it is.
Most claims settle without a lawsuit, but the deadline still matters. The insurer knows when your time runs out.
Arizona: two years
Arizona's general deadline for an injury lawsuit is two years from the accident (A.R.S. § 12-542).
If the crash involved a city, county, state agency or one of their employees, the rules are much tighter. You generally have to file a written notice of claim within 180 days (A.R.S. § 12-821.01), and any lawsuit within one year (A.R.S. § 12-821).
The 3-Point Claim Check
- 1
An injury
You were hurt, even if it didn't seem serious at first.
- 2
Someone else at fault
Another driver or company caused the crash.
- 3
Insurance coverage
There's a policy that may cover what happened.
Georgia: two years
Georgia's general deadline for an injury lawsuit is also two years from the accident (O.C.G.A. § 9-3-33).
Claims against the government need a written notice first, called an ante litem notice. For a city, that's generally within six months (O.C.G.A. § 36-33-5). For a county or the state, it's generally within twelve months (O.C.G.A. § 36-11-1 and § 50-21-26).
Things that can change your deadline
- The injured person was under 18. In Arizona, the clock usually doesn't start until they turn 18 (A.R.S. § 12-502).
- A government vehicle or employee was involved.
- Someone died as a result of the crash, which has its own rules.
- Your own insurance policy may require you to report the accident much sooner.
Why it's worth checking early
Evidence fades. Witnesses forget, video gets deleted and vehicles get repaired.
An attorney also needs time to gather records before talking numbers with the insurer. Starting early keeps your options open.