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Georgia Supreme Court extends plaintiff's time to file suit.

Written by: Howard E. Spiva

Reputation Level 12

Posted over 2 years ago. Applies to Georgia, 1 helpful vote, 0 comments

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Case on hold until the traffic court case against the person at fault is concluded.

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 plain language of OCGA § 9-3-99 includes traffic offenses.

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 delay at their own peril.

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.