In Georgia, the standard limitation period for filing a personal injury lawsuit is two years, with a four-year limit for loss of consortium claim by the spouse of the injured person. For example, if you were injured in Georgia on June 1, 2024, the normal deadline to file suit is June 1, 2026; it is wise to file suit months before the deadline in order to deal with any difficulties in obtaining service of process.
O.C.G.A. § 9-3-33 states provides a two year time limit for filing personal injury lawsuits in general, a one year limitation for injuries to reputation, and a four year limit for loss of marital consortium. However, there are many exceptions. An experienced personal injury lawyers can help you navigate the rules to avoid traps for the unwary.
The time limit for filing suit is suspended until criminal charges against the at-fault party are concluded.
If a criminal charge, such as a traffic ticket, arises from the incident, the limitation period is extended until two years after the criminal charge final resolution of the criminal charge. (O.C.G.A. § 9-3-99; Harrison v. McAfee, 338 Ga. App. 393, 788 S.E.2d 872 (2016)). Many times we have found that an unresolved traffic ticket has given a client extra time. But it is dangerous to just assume that will buy you more time.
In wrongful death claims, the time limit for filing suit runs from time of death, not time of fatal incident.
Often, a person is fatally injured but survives days, weeks, or months longer. Wrongful death claims time limits are calculated from the time of death and must be filed in court within two years from the death unless other tolling rules apply. OCGA 9-3-33. For example, if your family member died from an injury on July 1, 2024, the normal deadline to file suit for wrongful death would be July 1, 2026, though it is best to file suit a month or two before the deadline.
For injuries to minors, the time limit for filing suit runs from 18th birthday.
For individuals under 18 at the time of the incident, the limitation period extends to two years after turning 18. Thus, the time limit for most personal injury claims of minors in the 20th birthday. If a minor was injured in 2014 and turns 18 on June 1, 2026, that 18th birthday is the deadline to file suit. However, it is rarely prudent to wait that long as evidence slips away. (O.C.G.A. § 9-3-90(b)).
For injuries to mentally incompetent people, time limits for filing suit generally run from time disability is removed.
If the injured person is legally incompetent due to mental retardation or mental illness, the limitation period is tolled until the removal of disability. O.C.G.A. § 9-3-90. The test for mental incompetency is whether a person cannot manage the ordinary affairs of his life. Merely mismanaging his affairs, being unclear in his mind, or generally “out of it” is not enough. The suspension of time limits ends when a guardian or “next friend” files suit for the incompetent person. In decades of law practice, we rarely have seen a case in which this was helpful.
For claims of unrepresented estates, the time limit for filling suit is suspended up to five years.
For unrepresented estates of deceased parties, the statute of limitation is tolled for up to five years (O.C.G.A. §§ 9-3-92, 9-3-93).
Fraud may suspend time limits for filing suit.
Fraud preventing the claimant from taking action may toll the statute of limitation under certain circumstances (O.C.G.A. § 9-3-96).
Claims Against Municipalities, Counties, and State Government
- Claims against state government: In claims against state government in Georgia, a notice of claim must be sent within 12 months of the date the loss was discovered or should have been discovered. O.C.G.A. § 50-21-26. That notice must be in writing specifying the basis of the claim and the amount claimed up to the statutory limit of one million dollars, sent by certified mail or statutory overnight delivery return receipt requested to the Risk Management Division of the Department of Administrative Services, with a copy to the head of the agency involved. If you were injured by a state employee or agency on August 1, 2025, the deadline to serve a formal notice of claim would be August 1, 2026. It is best to deliver the notice before the deadline.
- Claims against municipalities must be delivered within six months of the incident. The statute of limitation is tolled for claims against a municipality between the time a valid pre-suit notice amd demand is served and the city takes action (O.C.G.A. § 36-33-5). For example, if you were injured by a municipal government on December 1, 2025, the deadline to deliver your notice of claim to the city would be June 1, 2016T, though it is unwise to wait that long. This does not apply to claims against counties or the state government.
- Claims against counties must be given to the county governing authority within 12 months. If injured by a county vehicle on September 1, 2025, the deadline to deliver a notice of claim to the county governing authority is September 1, 2026, but it is unwise to wait that long. Otherwise, the normal limitation period and tolling rules apply except that “minors or other persons laboring under disabilities shall be allowed 12 months after the removal of the disability to present their claims.” O.C.G.A. § 36-11-1
Defendant Leaves Georgia
If a defendant leaves the state, “the time of his absence from the state until he returns to reside shall not be counted or estimated in his favor.” OCGA 9-3-94.
Medical Malpractice Claims
Medical malpractice claims have a strict two-year statute of limitation. O.C.G.A. § 9-3-73. If a child under age five is injured by medical malpractice, the child’s suit must be filed in court by the seventh birthday. O.C.G.A. § 9-3-73(b). The statute of limitation may be tolled in limited circumstances where the plaintiff or plaintiff’s attorney seeks medical records following strict statutory procedures (O.C.G.A. § 9-3-97.1).
Understanding these rules is vital for compliance with Georgia’s personal injury laws. The interaction of these rules under the facts of individual cases may form traps for the unwary.
If you or a loved one have had a serious injury that was someone else’s fault, submit our inquiry form or call us now at 404-253-7862.
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Founded in 1949, Johnson & Ward was the first and best personal injury specialty law firm in Georgia. Founders of the firm were among the founders of the Georgia Trial Lawyers Association. Former partners have served as judges of trial and appellate courts, and current partners include former presidents of the Atlanta Bar Association and State Bar of Georgia, a past chair of the Institute for Continuing Legal Education in Georgia, a former chair of the largest practice section of the American Association for Justice, and the lead author of a leading treatise on personal injury law practice in Georgia.
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Ken Shigley is a senior counsel at Johnson & Ward, started in 1949, which was the first personal injury speciality law firm in Atlanta. A former president of the State Bar of Georgia, he was the first Georgia lawyer to earn three national board certifications from the National Board of Trial Advocacy. Mr. Shigley wrote eleven annual editions of a book about Georgia’s civil trial practice. In 2019, he received the “Tradition of Excellence Award” for lifetime achievement in the legal profession. He graduated from Furman University and Emory University Law School, and completed certificate programs in negotiation and mediation at Harvard Law School. Mr. Shigley has been a widower since 2017. His son is a golf fitness trainer and his daughter works with terminally ill people in hospice.
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