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Georgia Injury Deadline Paused During Criminal Case

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Yes. If you were hurt by someone’s crime in Georgia, your deadline to sue is paused while the criminal case is open. The pause lasts until the prosecution “has become final or otherwise terminated.” It cannot last more than six years.

What the Law Says

O.C.G.A. § 9-3-99, Tolling of limitations for tort actions while criminal prosecution is pending, states:

The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years, except as otherwise provided in Code Section 9-3-33.1.

You can read the full statute on the Georgia General Assembly’s official code site.

In Plain English

Georgia gives you two years to file most injury lawsuits. But many injuries also involve a crime. A drunk driver who hits you may face DUI charges. A person who attacks you may face assault charges. Criminal cases can take a long time. This law makes sure the criminal case does not eat up your time to sue.

“Tolling” means pausing the clock. Under this law, the clock pauses on the day the crime happened. It stays paused until the criminal case is over. “Final or otherwise terminated” covers several outcomes. It includes a guilty plea, a conviction, an acquittal, or a dismissal of the charges. Once the case ends, your two years start to run.

The law uses the word “alleged.” That means there does not have to be a conviction. It also does not require that anyone be charged right away. Georgia courts have applied this statute even when no charges were ever filed. Courts have looked at when the matter was closed. This part of the law has been argued over in court. Do not assume you are covered. Ask a lawyer to check the dates in your case.

The pause has a limit. It cannot last more than six years. After six years, the clock starts even if the criminal case is still open.

The tolling applies to a “cause of action in tort.” A tort is a civil wrong that lets you sue for money. Your claim must come from the same facts as the crime. For example, a DUI crash and your injury claim share the same facts. The law also covers only crimes committed in Georgia.

The end of the statute mentions Code Section 9-3-33.1. That section covers childhood sexual abuse. Those claims have separate rules that this page does not cover.

One warning: this law only pauses the deadline to file a lawsuit. It does not pause the notice deadlines for claims against a city, county, or the State. Those short deadlines still apply. Also, evidence fades fast. Even if you have extra time, it is often best to file early.

Example

Devon was walking home in Columbus on January 15, 2025. A drunk driver ran a stop sign and hit him. Devon had $45,000 in hospital bills. The driver was arrested and charged with DUI and serious injury by vehicle.

The criminal case dragged on. The driver finally pleaded guilty on October 20, 2026.

Without this statute, Devon’s deadline would be January 15, 2027, two years after the crash. With tolling, his clock did not start until October 20, 2026. His new deadline is October 20, 2028. That gives Devon time to use the guilty plea as evidence in his civil case.

Devon’s lawyer still files early. She knows the driver’s insurance limits are only $25,000. She wants to get a demand letter out fast before the money is spent on other claims.

Key Points to Remember

  • If your injury came from a crime, your deadline to sue is paused during the criminal case.
  • The pause starts on the date of the crime and ends when the prosecution is final or terminated.
  • The pause can never last longer than six years.
  • The statute uses the word “alleged,” so a conviction is not required.
  • Your civil claim must arise from the same facts as the crime.
  • The pause does not apply to notice deadlines for city, county, or State claims.
  • Court rulings on this statute are complex. Have a lawyer check your dates.

Related Georgia Laws

Official Sources

This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.