Personal Injury · Statute of Limitations
Injury Lawsuit Deadline in Georgia
How long you have to file a personal-injury lawsuit in Georgia, the statute of limitations, plus when the clock starts, the discovery rule, and the shorter deadlines for suing a government body. Cited to the statute.
How the deadline works in Georgia
When the clock starts, whether a discovery rule can delay it, and the deadlines that differ for particular claims.
| How the clock works | In Georgia | What it means |
|---|---|---|
| Standard deadline | 2 years | The general limitations period to file a personal-injury lawsuit. |
| Statute | O.C.G.A. §9-3-33 | The controlling statute for the limitations period. Read the full text through the source link below. |
When it starts
The clock generally starts when the right of action accrues, which for most injuries is the date you were hurt.
Discovery rule Yes
Limited. Georgia ties accrual to when the right of action arises, and the discovery rule is applied narrowly, mainly to continuing torts and to bodily injury from disease or long-term exposure. For a straightforward accident, expect the two years to run from the date of the injury.
Statute of repose: None
There is no general statute of repose for ordinary negligence injury claims. Georgia does set outer limits for specific areas, including a ten-year product-liability repose in §51-1-11 and separate repose periods for construction and medical claims, but those are separate from the standard §9-3-33 clock.
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Claim against a government body | 6-month notice for cities | Before you can sue a Georgia government body you must give written ante litem notice first. A claim against a city must be presented within 6 months of the loss under §36-33-5, a claim against a county within 12 months under §36-11-1, and a claim against the State within 12 months under §50-21-26. The six-month city deadline runs long before the two-year court deadline, and missing it can end the claim. |
| Injured person is a minor | Tolled during minority | For a child, the two-year clock is generally tolled during minority under §9-3-90, so suit can be filed within two years after the child turns 18. The government ante litem notice rules can still apply on a shorter timeline, so act early if a public body is involved. |
| Wrongful death | 2 years from death | A wrongful-death action generally runs two years from the date of death, which is not always the same day as the injury. The period can be paused while a related criminal case against the defendant is pending. |
What you can do right now
Concrete, neutral steps if you were injured in Georgia and the clock is running. This is legal information, not legal advice.
- Pin down your injury date and count two years
Write down the exact date you were hurt. In most cases you have two years from that date to file suit under §9-3-33. Marking the deadline early keeps a missed filing from ending your case before it starts.
- If a city, county, or the State is involved, send notice fast
Georgia requires written ante litem notice before you sue a government body, within 6 months for a city under §36-33-5 and within 12 months for a county or the State. That step runs long before the two-year court deadline, so identify any public defendant right away.
- Preserve evidence and document your injury
Keep photos, witness names, and every medical record. The date you learned of a latent injury can matter for the narrow discovery rule, so record when and how you found out about the harm.
- Talk to a Georgia attorney before the deadline runs
Limitations questions turn on specific facts, and the ante litem deadlines are easy to miss. A licensed Georgia personal-injury lawyer can confirm your exact dates. The State Bar of Georgia can refer you to one.
A limitations deadline is easy to miscount, and missing it can end a valid claim. This resource can connect you with a licensed attorney who can confirm your exact deadline.
→ State Bar of Georgia · For the PublicThis is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What Georgia injury claimants get wrong
Georgia gives you two years to file most personal-injury lawsuits, set by O.C.G.A. §9-3-33, which says actions for injuries to the person shall be brought within two years after the right of action accrues. The clock generally starts on the date you were hurt. The trap that closes the window early in Georgia is government notice. If a defendant is a public body, you have to give written ante litem notice before you sue, and the deadline can be far shorter than two years: within 6 months for a city under §36-33-5, and within 12 months for a county under §36-11-1 or the State under §50-21-26. Miss that notice and the two-year court deadline may never matter. The second point is the discovery rule, which Georgia applies narrowly, mostly to continuing torts and disease cases, not a typical crash or fall. Note that §9-3-33 sets a shorter one-year period for injuries to reputation and a longer four-year period for loss of consortium. If you are close to two years, treat the deadline as firm and get advice now.
Common questions
How long do I have to sue after a car accident in Georgia?
Two years from the date of the accident for injuries to your body, under O.C.G.A. §9-3-33. A separate claim for damage to your vehicle has a four-year deadline, but the personal-injury clock is the two-year one.
What is the statute of limitations for personal injury in Georgia?
Two years from the date of the injury for most personal-injury claims, under §9-3-33. The same statute sets one year for injuries to reputation and four years for loss of consortium, and shorter government-notice deadlines can change the practical timeline.
What is the ante litem notice deadline in Georgia?
It depends on the government body. A claim against a city requires written notice within 6 months of the loss under §36-33-5, a claim against a county within 12 months under §36-11-1, and a claim against the State within 12 months under §50-21-26. These deadlines run before the two-year court deadline, and missing one can end the claim.
What happens if I miss the two-year deadline in Georgia?
A lawsuit filed after the limitations period runs can be dismissed on the defendant’s motion, regardless of the merits. Tolling for a minor or a narrow discovery rule may apply, but you should not count on it. File on time.
Does the two years start when I was hurt or when I found out?
Usually when you were hurt. Georgia applies a discovery rule narrowly, mainly to continuing torts and injuries from disease or long-term exposure, which can move the start to when you discovered the harm. For an ordinary accident, the clock runs from the date of the injury.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.