What is the personal injury statute of limitations in Georgia?

1. General Personal Injury

O.C.G.A. § 9-3-33 imposes a 2-year SOL for personal injury actions, measured from the date the right of action accrues.

2. Wrongful Death

Wrongful death claims are governed by O.C.G.A. § 9-3-33 with a 2-year SOL from the date of death, tolled while a related criminal case is pending (up to 6 years).

3. Medical Malpractice

O.C.G.A. § 9-3-71 imposes a 2-year SOL from the date of injury, with a 5-year statute of repose. Foreign-object cases have 1 year from discovery (§ 9-3-72).

4. Discovery Rule

Georgia applies the discovery rule only to continuing torts and latent disease cases (e.g., asbestos under Wade v. Howard); ordinary negligence claims accrue at the time of injury.

5. Minor / Disability Tolling

O.C.G.A. § 9-3-90 tolls the SOL during minority and mental incapacity. For medical malpractice, minors under 5 have until age 7; the 5-year repose still applies after age 5.

6. Government Defendant

The Georgia Tort Claims Act (O.C.G.A. § 50-21-26) requires written ante-litem notice within 12 months of accrual for claims against state agencies. Claims against municipalities require notice within 6 months under O.C.G.A. § 36-33-5; counties within 12 months under § 36-11-1.

7. Product Liability

O.C.G.A. § 51-1-11 imposes a 10-year statute of repose from first sale for strict products liability.

8. Equitable Tolling / Fraudulent Concealment

O.C.G.A. § 9-3-96 tolls limitations when the defendant's fraud prevented discovery of the cause of action.

9. Borrowing Statute

Georgia generally applies its own SOL as procedural, but O.C.G.A. § 9-3-43 limits stale foreign claims.

This is legal information, not legal advice.