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What is the statute of limitations in Georgia?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Georgia civil limitations are codified in O.C.G.A. Title 9, Chapter 3 (Limitations of Actions).

1. Personal Injury — 2 Years

O.C.G.A. § 9-3-33: Actions for injuries to the person shall be brought within 2 years after the right of action accrues. Loss of consortium is 4 years.

2. Written Contract — 6 Years

O.C.G.A. § 9-3-24: All actions upon simple contracts in writing shall be brought within 6 years after the same become due and payable. Contracts under seal: 20 years (§ 9-3-23).

3. Oral Contract — 4 Years

O.C.G.A. § 9-3-26: All actions upon open accounts, or for breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking — 4 years.

4. Property Damage — 4 Years

  • Real property trespass/damage: 4 years (O.C.G.A. § 9-3-30).
  • Personal property damage or conversion: 4 years (O.C.G.A. § 9-3-32).

    • 5. Fraud — 4 Years (Discovery / Concealment)

    O.C.G.A. § 9-3-31 (residual 4-year statute) plus § 9-3-96, which tolls the limitation when the defendant has been guilty of a fraud by which the plaintiff has been debarred or deterred from bringing an action.

    6. Medical Malpractice — 2 Years / 5-Year Repose

    O.C.G.A. § 9-3-71(a): An action for medical malpractice shall be brought within 2 years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred. Statute of repose: in no event may an action be brought more than 5 years after the date on which the negligent or wrongful act or omission occurred (§ 9-3-71(b)). Foreign objects: 1 year from discovery (§ 9-3-72). Minors under 5: until age 7.

    7. Wrongful Death — 2 Years

    O.C.G.A. § 9-3-33: Wrongful death actions also must be brought within 2 years.

    8. Other Notable Periods

  • Defamation: 1 year (O.C.G.A. § 9-3-33).
  • Judgments: 7 years to enforce; dormant after that, revivable for 3 more years (§§ 9-12-60, 9-12-61).
  • UCC sale of goods: 4 years (O.C.G.A. § 11-2-725).
  • Ante litem notice for cities: 6 months (O.C.G.A. § 36-33-5); for counties: 12 months (§ 36-11-1); for state: 12 months (§ 50-21-26).

    • 9. Tolling

    O.C.G.A. § 9-3-90 tolls for minors (under 18) and persons legally incompetent.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You have a claim against a Georgia city (6-month ante litem)
    • Your medical malpractice case is nearing the 5-year repose
    • You signed a sealed contract (20-year period may apply)
    Related Statutes & Laws
    • O.C.G.A. § 9-3-24
    • O.C.G.A. § 9-3-26
    • O.C.G.A. § 9-3-31
    • O.C.G.A. § 9-3-33
    • O.C.G.A. § 9-3-71
    • O.C.G.A. § 9-3-90
    • O.C.G.A. § 36-33-5

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.