Does sending a demand letter or negotiating stop the deadline from running?

· 2 min read

Sending a demand letter or trading settlement offers does not stop the limitation clock. In Georgia, only filing suit within the period, or a recognized tolling rule, preserves a claim. Ongoing negotiations, no matter how active, do not by themselves extend the deadline.

Negotiation is not the same as filing

The two-year personal-injury period under O.C.G.A. § 9-3-33 is satisfied by commencing the lawsuit in time, not by pre-suit activity. A demand letter, a claim opened with an insurer, an exchange of offers, or a verbal assurance that a claim is being reviewed are all part of the settlement process, but none of them is the filing of an action. The clock continues to run in the background throughout those discussions, and it can expire while the parties are still talking.

This is a frequent and costly misunderstanding. An injured person may believe that because an adjuster is “handling” the claim or has not denied it, time is not a concern. Meanwhile the statutory period keeps running, and an expired deadline can hand the other side a complete defense even after months of apparent cooperation.

What actually protects the deadline

The reliable ways to preserve a claim are narrow:

  • Filing the lawsuit within the limitation period is the core protection; settlement talks can continue after filing.
  • Tolling doctrines, such as minority, incapacity, fraudulent concealment, or a related pending criminal prosecution, can suspend the period, but they apply only on their own terms and not merely because negotiations are underway.
  • A binding written agreement to extend or waive the limitation, if validly made, is different from informal negotiation, but it must actually exist and be enforceable rather than assumed from friendly correspondence.

Because routine negotiation carries no automatic tolling effect, treating settlement discussions as a reason to relax about the deadline is risky. The clock does not pause out of courtesy while the parties confer.

The bottom line

Demand letters and settlement negotiations do not stop Georgia’s limitation clock. Only timely filing under O.C.G.A. § 9-3-33, or a genuine tolling rule, preserves the claim, so an injured person generally cannot rely on ongoing talks to hold the deadline open.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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