Brain Injury and Your Georgia Claim: What to Know About Timing

Usually, no. A brain injury does not stop Georgia’s filing clock on its own. A narrow tolling rule for legal incompetence can extend the time in some cases, but it is not automatic.

If you are reading this, you may be dealing with a crash, a fall, or another injury. You may also be caring for someone who cannot easily manage the paperwork. This page explains the deadline in plain terms. It is general information, not legal advice about your case.

The Short Answer: Sometimes, but Do Not Count On It

A brain injury does not automatically pause the deadline to sue. Georgia’s general time limit for most injury lawsuits is two years. Georgia law also has a tolling rule, which is a rule that pauses the clock. It applies to people who were legally incompetent when their claim began. O.C.G.A. § 9-3-90 describes that rule.

The statute names intellectual disability and mental illness. It does not name brain injury. A diagnosis alone is not the test. The safe working assumption is that the clock is running.

How Georgia’s Two-Year Filing Deadline Works

Georgia’s general deadline for injuries to the person is two years. O.C.G.A. § 9-3-33 says these actions must be brought within two years after the right of action accrues. That is the date to track first.

The same statute sets different periods for other claims. Injuries to reputation have a one-year period. Actions for injuries to the person involving loss of consortium have four years. Do not assume one deadline fits every family member.

Wrongful death claims follow their own rules. For example, under O.C.G.A. § 51-4-5, when no one is entitled to bring the claim under Code Section 51-4-2 or 51-4-4, the administrator or executor may bring it for the benefit of the next of kin. Families dealing with a death should ask about timing right away.

A late filing puts the whole claim at risk. For an overview of these cases, see our catastrophic injury claims guide.

What Georgia’s Mental Incompetence Tolling Provision Says

O.C.G.A. § 9-3-90(a) covers a person who is legally incompetent because of intellectual disability or mental illness when the cause of action accrues. That person gets the same time to sue after the disability is removed as other people get. In plain words, the extra time generally begins when the disability ends, not when the injury happened.

The key timing question is whether the incompetence existed on the day the claim began. The statute asks about that moment. Tolling runs for the length of the disability, so the length of time a person lacked capacity is central.

A general reading can mislead. The statute has specific conditions. Courts apply those conditions to the facts of each case, so the wording matters more than a summary.

How a Brain Injury Can Affect Legal Capacity

A brain injury can change how a person thinks, remembers, and makes decisions. The Brain Trauma Foundation notes that traumatic brain injuries range from mild to catastrophic. They may cause coma, death, and serious ongoing health problems. They often need substantial medical care.

Legal incompetence is a different question than having a brain injury. A person with a concussion who went home within days and handled their own affairs may face a very different timing picture than someone who stayed unconscious or heavily sedated for a long stretch.

Medical records often carry the proof. Records from the emergency room, the intensive care unit, and rehabilitation can show consciousness, sedation, cognitive testing, and how the person functioned. They also show when the person regained the ability to understand and handle affairs. Capacity can change over time. A person who was incapacitated for part of the deadline period may have regained it later.

Common Situations Families Ask About

A person who was unconscious or heavily sedated after a crash raises a different timing question. Someone who was alert and able to communicate within days raises another. Families often ask about both. The medical timeline is usually where the answer starts.

When an injured adult has a guardian or conservator, the timing review may focus on when that appointment happened. It also looks at what the person could understand before it. Keep the appointment papers with the medical records.

When a family member dies from a brain injury, the picture changes. Under O.C.G.A. § 9-2-41, an action for injury to the person does not abate by the death of either party. If there is no right of survivorship in any other person, the cause of action survives to the personal representative of a deceased plaintiff. Our survival action versus wrongful death guide explains how these claims differ.

Brain injury claims often take time because medical treatment needs to settle first. That makes settlement timing its own question. You can read more about settling before maximum medical improvement.

Why Waiting for a Possible Pause Is Risky

Those facts include when the incapacity began and how long it lasted. Proof takes time to gather. Evidence from the early days, such as hospital records, neurological testing, and witness accounts, can be harder to find later.

Fault is a separate risk. Under O.C.G.A. § 51-12-33, Georgia reduces damages by the injured person’s share of fault. A plaintiff who is 50 percent or more responsible recovers nothing. Under O.C.G.A. § 51-12-33, if the plaintiff is to some degree responsible for the injury or damages claimed, the judge reduces the damages otherwise awarded in proportion to the plaintiff’s percentage of fault, and the plaintiff is not entitled to receive any damages if the plaintiff is 50 percent or more responsible. A deadline problem and a fault dispute can each reduce or end a recovery.

Using the two-year date as your working deadline keeps the claim on track while the tolling question is answered (O.C.G.A. § 9-3-33; Kenneth B. Cameron v. Jmp Pizza, Inc (2026)). For a broader view of how these cases move, see our catastrophic injury case timeline in Georgia.

Key Questions to Bring to a Consultation

Bring these items to your first conversation with a lawyer. They help the timing review start quickly.

• The date of the accident and, if it applies, the date of death.
• Medical records from the first days and weeks, including notes on loss of consciousness, sedation, or cognitive testing.
• Any guardian, conservator, or estate representative appointment, with dates.
• Letters, insurance communications, and notices you received, with their dates.

Quick Answers

Talk With the Firm About Your Brain Injury Deadline

If you are making decisions for someone still recovering from a brain injury, the deadline can feel heavy. You may also be juggling medical appointments and family needs. You do not have to sort out the dates by yourself.

Slam Dunk Attorney is based in Duluth, Georgia. The firm represents people with traumatic brain injuries and their families across metro Atlanta and Georgia, including Lawrenceville, Johns Creek, Alpharetta, Marietta, Norcross, Kennesaw, and Dunwoody. Peter F. Jaraysi is the responsible lawyer for this page. Our team can review the accident date, the medical timeline, and any capacity questions, so you understand where the deadline stands.

The initial consultation is free, confidential, and carries no obligation to continue. A client may still be responsible for court costs and case expenses. When you’re ready to talk, you can reach us through our contact page.