The Georgia personal injury statute of limitations is two years from the date of injury under O.C.G.A. § 9-3-33. Property damage claims get four years. Claims against a city, county, or the state carry much shorter notice deadlines, sometimes just six months.
Miss the deadline and a court will almost always dismiss your case. It does not matter how strong the evidence is.
Georgia Injury Deadlines at a Glance
| Type of claim | Deadline | Georgia law |
|---|---|---|
| Personal injury (car wrecks, slip and falls, dog bites) | 2 years from injury | O.C.G.A. § 9-3-33 |
| Wrongful death | 2 years from death | O.C.G.A. § 9-3-33 |
| Property damage (vehicle, personal property) | 4 years | O.C.G.A. § 9-3-31 |
| Medical malpractice | 2 years, with a 5-year outer limit | O.C.G.A. § 9-3-71 |
| Claim against a city | Written notice within 6 months | O.C.G.A. § 36-33-5 |
| Claim against a county | Written notice within 12 months | O.C.G.A. § 36-11-1 |
| Claim against the State of Georgia | Written notice within 12 months | O.C.G.A. § 50-21-26 |
How Long Do You Have to File a Personal Injury Lawsuit in Georgia?
Most injury victims have two years from the date of the injury to file a lawsuit. This rule covers car accidents, truck accidents, motorcycle crashes, slip and falls, dog bites, and most other negligence claims.
The deadline is for filing the lawsuit in court. Talking to an insurance adjuster or opening a claim does not stop the clock.
When Does the Clock Start?
In most cases, the clock starts on the day of the accident. If you were hurt in a crash on March 1, 2026, your deadline is generally March 1, 2028.
Some injuries, such as illness from long-term exposure, may not show up right away. Georgia courts treat these cases narrowly, so do not assume a later start date applies to you.
What Is the Deadline for Property Damage Claims?
Claims for damage to your vehicle or other personal property have a four-year deadline under O.C.G.A. § 9-3-31.
Your injury claim and your property claim run on separate clocks. Settling the car repair does not extend the two-year injury deadline.
What Is the Deadline for Wrongful Death in Georgia?
A wrongful death lawsuit generally must be filed within two years of the date of death. The person’s estate may also have a separate claim for medical bills, funeral costs, and pain and suffering before death.
Family members should act quickly. Estate paperwork can take time to set up before a claim is filed.
Claims Against the Government Have Much Shorter Deadlines
If a city bus, police car, county truck, or dangerous public property caused your injury, you usually must send a formal written notice first. This is called an ante litem notice.
- Cities: Notice is due within 6 months of the incident.
- Counties: Notice is due within 12 months of the incident.
- State of Georgia: Notice is due within 12 months under the Georgia Tort Claims Act.
The notice has strict content and delivery rules. A late or incomplete notice can end the claim before the two-year lawsuit deadline even matters.
Medical Malpractice Deadlines
Medical malpractice claims follow O.C.G.A. § 9-3-71. The basic deadline is two years from the date of the injury or death caused by the error.
Georgia also has a five-year statute of repose. In most cases, no malpractice suit can be filed more than five years after the negligent act, even if the harm was found later. Narrow exceptions exist, such as a foreign object left in the body.
Exceptions That Can Pause the Clock
Georgia law “tolls,” or pauses, the deadline in a few situations. These exceptions are narrow and fact-specific.
- Injured minors: For most injury claims, the two-year clock does not start until the child turns 18 (O.C.G.A. § 9-3-90). Medical malpractice claims for children follow different rules.
- Legal incapacity: The clock may pause for a person who is legally incompetent because of a mental disability.
- Pending criminal case: If the at-fault person is charged with a crime arising from the incident, the deadline may be paused while the case is pending, for up to six years (O.C.G.A. § 9-3-99).
- Defendant leaves Georgia: Time may not count while the at-fault person lives outside the state or hides to avoid being served (O.C.G.A. § 9-3-94).
- Fraud: If the at-fault party used fraud to keep you from discovering your claim, the clock may start when the fraud is discovered (O.C.G.A. § 9-3-96).
Never rely on an exception without a lawyer confirming it applies. Courts apply them strictly.
What Happens If You Miss the Deadline?
The defendant will ask the court to dismiss your case, and the court will almost always agree. You lose the right to recover medical bills, lost wages, and pain and suffering.
Insurance companies know this. Once the deadline passes, they have no reason to pay.
Why You Should Not Wait
- Evidence disappears: Store and traffic camera footage is often erased within days or weeks.
- Memories fade: Witnesses forget details or become hard to find.
- Treatment records matter: Gaps in medical care give insurers a reason to cut your claim.
- Negotiation leverage: Insurers make better offers when a lawsuit is a real option, not a missed one.
Frequently Asked Questions
Is the Georgia statute of limitations for car accidents two years?
Yes. Injury claims from car accidents must generally be filed within two years. Vehicle damage claims have four years.
Does filing an insurance claim stop the statute of limitations?
No. Only filing a lawsuit in court stops the clock. Settlement talks with an insurer do not pause it.
Can a child file an injury claim after turning 18?
Often, yes. For most injury claims, the two-year period starts when the child turns 18. Medical malpractice claims have special limits.
How long do I have to sue a city in Georgia?
You must send a written ante litem notice within six months. The lawsuit itself still generally has a two-year deadline.
Sources
Deadlines in this guide come from the Georgia Code, Title 9, Chapter 3 (limitations of actions), plus the ante litem notice statutes cited above.
This article is for general information only and is not legal advice. Laws change and every case is different. Talk with a licensed Georgia attorney about your situation.