Yes. In Georgia, the two-year deadline for a child’s injury lawsuit does not start until the child turns 18. The same pause applies to adults who are legally incompetent because of intellectual disability or mental illness. This pause is called “tolling.”
What the Law Says
O.C.G.A. § 9-3-90, Persons under disability or imprisoned when cause of action accrues, states:
(a) Individuals who are legally incompetent because of intellectual disability or mental illness, who are such when the cause of action accrues, shall be entitled to the same time after their disability is removed to bring an action as is prescribed for other persons.
(b) Except as otherwise provided in Code Section 9-3-33.1, individuals who are less than 18 years of age when a cause of action accrues shall be entitled to the same time after he or she reaches the age of 18 years to bring an action as is prescribed for other persons.
You can read the full statute on the Georgia General Assembly’s official code site.
In Plain English
Georgia normally gives you two years to file a personal injury lawsuit. But the law knows that a child cannot file a lawsuit alone. So it pauses the clock. “Tolling” means the deadline is paused. The time does not count against you while the pause is in effect.
For a child, the pause lasts until the 18th birthday. After that, the child gets “the same time” as anyone else. For most injury claims, that is two years. So a person hurt as a child has until age 20 to file. It does not matter if the injury happened at age 3 or age 17.
The rule also protects adults who are “legally incompetent.” The statute says this means a person with an intellectual disability or mental illness. The person must be in that condition when the injury happens. The clock stays paused until the disability is “removed.” Then the normal deadline starts.
There is one exception in the text. Subsection (b) says “except as otherwise provided in Code Section 9-3-33.1.” That section deals with childhood sexual abuse claims. Those claims have their own special deadlines. This page does not cover them.
There is an important catch. The tolling rule protects the child’s own claim. It does not protect a parent’s separate claim. In Georgia, a parent can often sue for the child’s medical bills. Georgia courts have treated that as the parent’s claim, not the child’s. The parent’s claim is not tolled. The parent should file within two years of the injury. Talk to a lawyer about how to protect both claims.
Tolling also does not change the deadlines for claims against the government. A county claim still needs notice within 12 months. But that statute has its own rule for minors. Read the page on county claims for details.
Example
Jayden was 9 years old when a delivery van hit him in a crosswalk in Savannah on April 2, 2024. He broke his leg. His medical bills came to $32,000. His parents paid those bills through their insurance.
Jayden’s own claim for pain and suffering is tolled. He turns 18 on August 15, 2032. He then has two years, until August 15, 2034, to file his lawsuit.
His parents’ claim for the $32,000 in medical bills is different. That claim is not paused. The parents should file by April 2, 2026, two years after the crash. If they wait until Jayden is an adult, the medical bill claim may be lost.
In real life, most families do not wait. They file one case for both claims while the evidence is fresh. Any settlement for a child usually needs court approval.
Key Points to Remember
- A child’s injury lawsuit deadline is paused until the child turns 18.
- After age 18, the child has the normal two years to file, so until age 20 for most injuries.
- Adults who are legally incompetent get the same pause until the disability is removed.
- The disability must exist when the injury happens.
- A parent’s separate claim for the child’s medical bills is usually not paused.
- Childhood sexual abuse claims follow a different section, 9-3-33.1.
- Waiting has risks. Witnesses forget and records disappear.
Related Georgia Laws
- Georgia Personal Injury Statute of Limitations: 2 Years
- Tolling While a Criminal Case Is Pending
- Claims Against Georgia Counties: 12-Month Deadline
- Court Approval of Minor Settlements in Georgia
- Negligence in Georgia
- Auto Accidents in Georgia
Official Sources
- Official Code of Georgia Annotated – Georgia General Assembly – search for section 9-3-90
- Georgia General Assembly
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.