Does time toll while incarcerated in a personal injury case

Your incarceration does not toll the statute in Georgia.

However, on September 27, 2009 the Georgia Supreme Court held that the two years statute of limitations for personal injury is "tolled" until the traffic court case against the person at fault is concluded.

That means that the two year time period doesn't start running until the traffic charge arising from an auto accident is disposed of, one way or another, in court.

Some cases where the traffic charges languished on court dockets for months or even years; in those instances, the injury victim could have up to six years to file suit rather than only two.

The Georgia statute, O.C.G.A. § 9-3-99, says the statute of limitations for any tort action a victim brings over an alleged crime is tolled from the date of the alleged crime until the prosecution of the crime becomes final or is terminated, as long as that time does not exceed six years.

The Supreme Court held that “the plain language of OCGA § 9-3-99 would encompass a violation of a Uniform Rule of the Road.

Defendants who manage to stall resolution of their prosecutions for serious traffic offenses now do so at the risk of extending the time in which they can be sued.

This is a victory for Georgia Citizens who are injured in a car wreck and need more time to file a lawsuit.

There are other things that can toll a statute including mental incapacity, Bankruptcy, you need to consult with an attorney to explore all the facts.

Good Luck

Make it a great day!
Howard Spiva

The Spiva Law Group does not represent insurance companies and for 25 years has been dedicated solely to the representation of individuals who are injured and their families.