What Is the Statute of Limitations in Georgia?
Short answer: The statute of limitations is the deadline for filing a lawsuit. For most Georgia personal injury claims, you have two years from the date of the injury to file suit (O.C.G.A. § 9-3-33). If you miss it, the court will usually dismiss the case, no matter how strong it is.
Definition
A statute of limitations is a law that sets the time limit for starting a lawsuit. The clock usually starts on the day you are hurt, and settlement talks with an insurance company do not stop it.
How it works in Georgia
- Personal injury: two years from the injury. A spouse’s loss of consortium claim has four years (O.C.G.A. § 9-3-33).
- Vehicle damage: four years for damage to personal property, such as your car (O.C.G.A. § 9-3-31).
- Medical malpractice: generally two years from the injury, and never more than five years after the negligent act (O.C.G.A. § 9-3-71).
- Minors: a child’s time to sue generally does not start until age 18 (O.C.G.A. § 9-3-90). Medical malpractice follows different rules.
- Pending criminal case: the victim’s related injury claim can be paused while the prosecution is pending, for up to six years (O.C.G.A. § 9-3-99).
Claims against a city, county or the state also require an ante litem notice, with deadlines as short as six months.
Example
You are rear-ended on I-85 in Gwinnett County. You treat for a year, then negotiate with the insurer for several more months. If no lawsuit is filed within two years of the crash, your injury claim is likely barred, even if the adjuster was still making offers.
Why it matters for your claim
- Insurers know the deadline, and an adjuster has no duty to warn you about it.
- Your own uninsured motorist claim usually depends on a timely lawsuit against the at-fault driver.
- Exceptions are narrow, so it is safest to plan around two years.
Read more: Georgia statute of limitations guide and Government vehicle accidents in Georgia: deadlines can be much shorter than you think.
Related terms
Frequently Asked Questions
Does the deadline stop while I am negotiating with the insurance company?
No. Claim numbers, negotiations and settlement offers do not pause the statute of limitations. Only a timely lawsuit protects your claim.
How long do I have to file a wrongful death claim in Georgia?
Generally two years from the date of death, although some exceptions can extend that time.
Does my UM claim have the same deadline?
In most cases your UM claim depends on a timely lawsuit against the at-fault driver, and your insurer must be served with a copy of it (O.C.G.A. § 33-7-11(d)). Missing the deadline can cost you both claims.
Browse the full Georgia personal injury glossary
Questions about how this applies to your accident? Call 888-BIG-GUNN or request a free case review. There is no fee unless we win.
This is general information about Georgia law, not legal advice for your situation.
