Personal Injury Statute of Limitations in Georgia

Last verified 2026-07 · Source: O.C.G.A. § 9-3-33 ✓ verified · 3 sources

The deadline

2 years

from Date of injury; Georgia applies the accrual rule for most PI claims, under O.C.G.A. § 9-3-33.

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The deadline to file a personal injury lawsuit in Georgia is 2 years, set by O.C.G.A. § 9-3-33. It starts running on Date of injury; Georgia applies the accrual rule for most PI claims. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.

Georgia Deadlines for Related Claims

When the Clock Starts

In Georgia, the limitations period for personal injury lawsuits generally begins on Date of injury; Georgia applies the accrual rule for most PI claims. Georgia does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.

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Exceptions That Can Extend the Deadline

Modified comparative fault — plaintiff barred if 50% or more at fault (O.C.G.A. § 51-12-33). Minor tolling under O.C.G.A. § 9-3-90 allows filing within 2 years after reaching majority, but the combined period cannot exceed 5 years from the date of injury. No free official source — Justia accepted as primary per schema rules for Georgia.

Source: O.C.G.A. § 9-3-33, official Georgia statute · verified 2026-07

What to Do Before the Deadline Runs

  1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
  2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
  3. Send preservation/notice letters where required (especially for Georgia government defendants).
  4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Georgia Compares to Nearby States

Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Georgia?

You have 2 years from Date of injury; Georgia applies the accrual rule for most PI claims, under O.C.G.A. § 9-3-33.

Can I still sue after 2 years in Georgia?

Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.

What if the victim was a minor?

Georgia generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.

Is the deadline different for claims against the government?

Ante litem notice is a strict prerequisite: 6 months for state agencies (O.C.G.A. § 50-21-26); 30 days for municipalities (O.C.G.A. § 36-33-5). Failure to give proper notice bars the claim.

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Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Georgia attorney.