In Georgia, you have two years from the date of your injury to file a personal injury lawsuit. This deadline is called the statute of limitations. If you miss it, the court will almost always throw out your case, no matter how strong it is.
What the Law Says
O.C.G.A. § 9-3-33, Injuries to the person; injuries to reputation; loss of consortium, states:
Except as otherwise provided in this article, actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.
You can read the full statute on the Georgia General Assembly’s official code site.
In Plain English
A statute of limitations is a legal deadline. It sets the last day you can file a lawsuit. In Georgia, the deadline for most injury cases is two years. That covers car wrecks, slip and falls, dog bites, and most other accidents where someone else’s carelessness hurt you.
The two years start when your “right of action accrues.” In most cases, that means the day you were hurt. If a driver hit you on March 1, 2026, your deadline is March 1, 2028. Some cases are more complex. For example, a hidden injury might not show up right away. Georgia courts have rules for those situations. But you should never count on an exception. Plan on two years from the accident date.
The statute lists two other deadlines. Injuries to your reputation, such as slander or libel, must be filed within one year. Loss of consortium claims get four years. Loss of consortium is a claim by a husband or wife. It covers the loss of the injured spouse’s companionship and support. The spouse’s own claim gets four years, even though the injured person’s claim gets only two.
Filing a lawsuit is not the same as filing an insurance claim. Talking to an adjuster does not stop the clock. Sending a demand letter does not stop the clock. Only filing a complaint in court meets the deadline. Many people negotiate with an insurer for months and run out of time. Do not let that happen to you.
The two-year rule has exceptions. Some pause, or “toll,” the clock. Children have extra time. So do people who are legally unable to manage their own affairs. If your injury came from a crime, the clock may pause while the criminal case is open. Claims against cities, counties, and the State have much shorter notice deadlines. Medical malpractice has its own rules. Each of these is covered on its own page.
Example
Maria was rear-ended at a red light in Macon on June 10, 2025. She had $18,000 in medical bills and missed three weeks of work. The other driver’s insurer offered her $9,000. Maria kept negotiating. By May 2027 they still had no deal.
Maria’s deadline to file a lawsuit is June 10, 2027. If she files her complaint in court by that date, her case can go forward. If she waits until June 11, 2027, the insurer can ask the court to dismiss her case. The court will almost certainly agree. Her $18,000 in bills would become her problem alone.
The lesson: Maria should hire a lawyer and file well before June 2027. She can keep negotiating after she files.
Key Points to Remember
- Most Georgia personal injury lawsuits must be filed within two years of the injury.
- The clock usually starts on the day you were hurt.
- Injury to reputation claims get only one year.
- Loss of consortium claims by a spouse get four years.
- Talking to an insurance company does not stop the clock. Only filing in court does.
- Claims against the government have much shorter notice deadlines.
- Some exceptions pause the clock, but do not count on them without talking to a lawyer.
Related Georgia Laws
- Statute of Limitations Tolling for Minors and Incompetent Persons
- Tolling While a Criminal Case Is Pending
- Ante Litem Notice for Claims Against Georgia Cities
- Claims Against Georgia Counties: 12-Month Deadline
- Georgia Tort Claims Act: Notice and Damage Caps
- Georgia Medical Malpractice Statute of Limitations
- Negligence in Georgia
- Auto Accidents in Georgia
- Wrongful Death in Georgia
Official Sources
- Official Code of Georgia Annotated – Georgia General Assembly – search for section 9-3-33
- 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.