What Is the Time Limit for Making a Claim for Personal Injury or Wrongful Death in Georgia?

Georgia personal injury claims generally must be filed within two years of the date of injury under O.C.G.A. § 9-3-33. Important exceptions may apply, including tolling for pending criminal charges, wrongful death claims measured from the date of death, extended deadlines for minors and legally incompetent persons, and strict pre-suit notice requirements for claims against cities, counties, and the State of Georgia. Medical malpractice claims follow separate statutory deadlines. Because missed deadlines permanently bar claims, early legal review is critical.

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.

1. AI-Snippet-Optimized FAQ Blocks (Georgia Statutes of Limitation)

FAQ: When does the statute of limitation start in a Georgia wrongful death case?

Answer:
In Georgia wrongful death cases, the statute of limitation runs from the date of death, not from the date of the injury that caused death. The normal deadline is two years from the date of death, unless a tolling rule applies.

FAQ: How long do minors have to file personal injury claims in Georgia?

Answer:
If a person is under 18 at the time of injury, Georgia law tolls the statute of limitation until the child turns 18. The injured minor typically has two years after the 18th birthday i.e., to the 20th birthday, to file suit, under O.C.G.A. § 9-3-90(b).

FAQ: Does mental incompetence toll the statute of limitation in Georgia?

Answer:
Yes. If an injured person is legally mentally incompetent and unable to manage the ordinary affairs of life, the statute of limitation is tolled until the disability is removed. Tolling typically ends when a guardian or next friend files suit on the person’s behalf.

FAQ: What happens if a deceased person’s estate has no representative?

Answer:
If a deceased person’s estate is unrepresented, Georgia law may toll the statute of limitation for up to five years until a personal representative is appointed, under O.C.G.A. §§ 9-3-92 and 9-3-93.

FAQ: Can fraud extend the time to file a personal injury claim in Georgia?

Answer:
Yes. If fraud prevents a claimant from discovering or pursuing a claim, the statute of limitation may be tolled until the fraud is discovered or should have been discovered through reasonable diligence, under O.C.G.A. § 9-3-96.

FAQ: What is the deadline for claims against Georgia state government?

Answer:
Claims against Georgia state agencies require written notice of the basis and amount of a claim within 12 months of discovering the loss. This notice must comply with the Georgia Tort Claims Act before any lawsuit may be filed.

FAQ: What is the deadline for claims against Georgia cities?

Answer:
Claims against municipalities must be delivered within six months of the incident under O.C.G.A. § 36-33-5. The statute of limitation is tolled while the city considers the claim.

FAQ: What is the deadline for claims against Georgia counties?

Answer:
Claims against counties must be presented t writing to the county governing authority within 12 months of the injury. Special rules apply for minors and persons under disability, who are generally allowed 12 months after the disability is removed.

FAQ: Does leaving Georgia toll the statute of limitation?

Answer:
If a defendant leaves Georgia after a claim arises, the time the defendant is absent from the state generally does not count toward the statute of limitation, under O.C.G.A. § 9-3-94.

FAQ: What is the statute of limitation for medical malpractice in Georgia?

Answer:
Medical malpractice claims in Georgia must generally be filed within two years of the negligent act. If a child under age five is injured, the claim must be filed by the seventh birthday, subject to limited statutory exceptions.

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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If you or a family member are seriously injury due to someone else’s carelessness, contact us by phoning 404-253-7862 or submitting our contact form.

Last updated January 19, 2026

Johnson & Ward, founded in 1949, is the first, premiere personal injury specialty law firm in Atlanta.

Ken Shigley is a senior counsel at Johnson & Ward. He is a former president of the State Bar of Georgia, earned three board certifications from the National Board of Trial Advocacy, and was lead author of eleven editions of Georgia Law of Torts: Trial Preparation & Practice. He is a past chair of the motor vehicle collision section of the American Association for Justice, the first Georgia lawyer to earn three board certifications from the National Board of Trial Advocacy, a recipient of the State Bar of Georgia Tradition of Excellence award, honored in Best Lawyers in America®, Georgia Super Lawyers®, and Multi-Million Dollar Advocates

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