Georgia Statute of Limitations: Filing Deadlines by Case Type

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum amount of time a person has to file a lawsuit or begin criminal prosecution after an event occurs. Once this deadline passes, the claim or charge is typically barred forever. In Georgia, these deadlines vary based on the type of case, the severity of the offense, and the specific circumstances involved.

Understanding these time limits is critical. If you miss a filing deadline in a civil case, the court will almost certainly dismiss your claim. In criminal cases, prosecutors lose the ability to bring charges once the clock runs out.

Georgia's statutes of limitations are found primarily in Title 9, Chapter 3 of the Official Code of Georgia Annotated (O.C.G.A.) for civil matters and Title 17, Chapter 3 for criminal matters.

Georgia Civil Statute of Limitations

Georgia's civil statute of limitations sets deadlines for filing lawsuits and other civil actions. These limits range from one to six years depending on the type of case. The clock typically starts on the date the injury or breach occurs, or in some cases, on the date the harm is discovered.

If you fail to file your civil claim before the deadline, the opposing party can raise the statute of limitations as a defense. The court will then dismiss the case, and your legal claim will be lost permanently.

Personal Injury

Under O.C.G.A. § 9-3-33, actions for injuries to the person must be filed within 2 years after the right of action accrues. This applies to car accidents, slip and falls, assault, and most other personal injury claims.

The clock generally starts on the date the injury occurs. Georgia courts apply a "discovery rule" in limited circumstances, meaning the deadline may start when the injured person knew or should have known about the injury.

Wrongful Death

Georgia allows 2 years from the date of death to file a wrongful death lawsuit under O.C.G.A. § 51-4-2 and § 9-3-33. If the deceased person's estate does not yet have an appointed administrator, the statute may be tolled (paused) for up to 5 years before the 2-year clock begins.

Medical Malpractice

Under O.C.G.A. § 9-3-71, medical malpractice claims must be filed within 2 years of the date the negligent act occurred. Georgia also imposes a 5-year statute of repose, meaning no medical malpractice action can be filed more than 5 years after the act, regardless of when the patient discovers the injury.

There is one exception: if a surgeon leaves a foreign object inside a patient's body, the patient has 1 year from the date of discovery to file suit.

Product Liability

Product liability lawsuits in Georgia must be filed within 2 years of the date the injury occurs. The statute of repose begins running from the date the product was first sold, not from the date of manufacture.

Libel and Slander (Defamation)

Claims for injury to reputation must be filed within 1 year under O.C.G.A. § 9-3-33. This is the shortest civil statute of limitations in Georgia.

Loss of Consortium

If a spouse suffers harm due to injuries inflicted on their partner, they have 4 years to file a loss of consortium claim under O.C.G.A. § 9-3-33.

Fraud

Actions for fraud must be filed within 4 years of the date the fraud is discovered or should have been discovered under O.C.G.A. § 9-3-31.

Property Damage

Georgia provides 4 years to file claims for damage to personal property under O.C.G.A. § 9-3-32. This covers vehicle damage, damage to personal belongings, and destruction or conversion of property.

Trespass on Real Property

All actions for trespass or damage to real estate must be filed within 4 years under O.C.G.A. § 9-3-30.

Contracts

Georgia distinguishes between written and oral contracts:

• Written contracts: 6 years under O.C.G.A. § 9-3-24
• Oral contracts: 4 years under O.C.G.A. § 9-3-26

The UCC sale-of-goods exception applies. Contract actions governed by Article 2 of the Uniform Commercial Code have a separate 4-year limitation period under O.C.G.A. § 11-2-725.

Debt Collection

Actions to collect a debt on an open account must be filed within 4 years under O.C.G.A. § 9-3-25.

Judgments

A foreign judgment (one obtained in another state) must be enforced within 5 years under O.C.G.A. § 9-3-20. Domestic Georgia judgments can be renewed and remain enforceable for 7 years.

Workers' Compensation

Workers' compensation claims must be filed within 1 year of the injury under O.C.G.A. § 34-9-82. If the employer provided weekly benefits or medical treatment, the deadline extends to 1 year after the last treatment or 2 years after the last weekly payment, whichever is later.

Childhood Sexual Abuse

Georgia provides extended deadlines for civil claims involving childhood sexual abuse under O.C.G.A. § 9-3-33.1:

• For abuse on or after July 1, 2015: the victim must file by age 23, or within 2 years of discovering the abuse caused injury (supported by medical or psychological evidence), whichever is later.
• For abuse before July 1, 2015: the victim must file by age 23.

Complete Civil Statute of Limitations Table

Case Type	Time Limit	Statute
Personal Injury	2 years	O.C.G.A. § 9-3-33
Wrongful Death	2 years	O.C.G.A. § 9-3-33, § 51-4-2
Medical Malpractice	2 years (5-year repose)	O.C.G.A. § 9-3-71
Product Liability	2 years	O.C.G.A. § 9-3-33
Libel/Slander	1 year	O.C.G.A. § 9-3-33
Loss of Consortium	4 years	O.C.G.A. § 9-3-33
Fraud	4 years	O.C.G.A. § 9-3-31
Personal Property Damage	4 years	O.C.G.A. § 9-3-32
Trespass (Real Property)	4 years	O.C.G.A. § 9-3-30
Written Contracts	6 years	O.C.G.A. § 9-3-24
Oral Contracts	4 years	O.C.G.A. § 9-3-26
Debt on Account	4 years	O.C.G.A. § 9-3-25
Foreign Judgments	5 years	O.C.G.A. § 9-3-20
Workers' Compensation	1 year	O.C.G.A. § 34-9-82
Childhood Sexual Abuse	Until age 23 (or 2 yrs. from discovery)	O.C.G.A. § 9-3-33.1

Georgia Criminal Statute of Limitations

Georgia's criminal statute of limitations sets time limits for prosecutors to file criminal charges. These deadlines protect individuals from facing prosecution for alleged crimes that occurred in the distant past, when evidence may have deteriorated and witnesses' memories may have faded.

The primary statute governing criminal limitations is O.C.G.A. § 17-3-1.

Murder

There is no statute of limitations for murder in Georgia. Prosecutors can bring murder charges at any time, regardless of how many years have passed since the killing.

Felonies Punishable by Death or Life Imprisonment

For crimes other than murder that carry a potential sentence of death or life in prison, Georgia sets a 7-year statute of limitations. The notable exception is forcible rape, which carries a 15-year deadline.

Felonies Against Children Under 18

Felonies committed against victims who were under 18 at the time of the offense carry a 7-year statute of limitations, rather than the standard 4-year period for other felonies.

Sexual Offenses Against Victims Under 16

Under O.C.G.A. § 17-3-2.1, for victims under 16 years of age at the time of certain sexual offenses (including rape, sodomy, incest, and child molestation), the statute of limitations does not begin running until the victim turns 16 or the violation is reported to law enforcement, whichever happens first.

DNA Evidence Exception

Under O.C.G.A. § 17-3-1(d), prosecution may be commenced at any time when DNA evidence establishes the identity of the accused for these offenses:

• Armed robbery (O.C.G.A. § 16-8-41)
• Kidnapping (O.C.G.A. § 16-5-40)
• Rape (O.C.G.A. § 16-6-1)
• Aggravated child molestation (O.C.G.A. § 16-6-4)
• Aggravated sodomy (O.C.G.A. § 16-6-2)
• Aggravated sexual battery (O.C.G.A. § 16-6-22.2)

This provision means that cold cases involving these serious crimes can be prosecuted decades later if DNA analysis identifies the suspect.

Other Felonies

All felonies not specifically listed above carry a 4-year statute of limitations.

Misdemeanors

All misdemeanor offenses must be prosecuted within 2 years of the crime.

Crimes Against Victims 65 and Older

Under O.C.G.A. § 17-3-2.2, for crimes against victims who are 65 or older, the statute of limitations does not begin running until the crime is reported to or discovered by law enforcement. However, except for crimes with a limitations period longer than 15 years, prosecution cannot begin more than 15 years after the offense.

Complete Criminal Statute of Limitations Table

Offense	Time Limit	Statute
Murder	No limit	O.C.G.A. § 17-3-1(a)
Forcible Rape	15 years	O.C.G.A. § 17-3-1(b)
Felonies Punishable by Death/Life	7 years	O.C.G.A. § 17-3-1(b)
Felonies Against Victims Under 18	7 years	O.C.G.A. § 17-3-1(c)
DNA-Identified Crimes (Armed Robbery, Kidnapping, Rape, etc.)	No limit	O.C.G.A. § 17-3-1(d)
Sexual Offenses Against Victims Under 16	Tolled until victim turns 16 or report is made	O.C.G.A. § 17-3-2.1
All Other Felonies	4 years	O.C.G.A. § 17-3-1(c)
Misdemeanors	2 years	O.C.G.A. § 17-3-1(e)
Crimes Against Victims 65+	Tolled until reported (15-year max)	O.C.G.A. § 17-3-2.2

When the Clock Stops: Tolling Provisions

Georgia law includes several situations where the statute of limitations is paused, or "tolled." During a tolling period, the countdown stops and does not resume until the tolling condition ends.

Defendant Leaves the State

Under O.C.G.A. § 17-3-2 (criminal) and O.C.G.A. § 9-3-94 (civil), if the defendant leaves Georgia, the time spent out of state does not count toward the limitations period. The clock pauses when the defendant departs and resumes when they return.

Minors

Under O.C.G.A. § 9-3-90, individuals who are under 18 when a cause of action accrues receive the full statutory period to file suit after they turn 18. For example, a 10-year-old injured in a car accident would have until age 20 to file a personal injury lawsuit (turning 18 plus the standard 2-year period).

Mental Incapacity

Individuals who are legally incompetent due to intellectual disability or mental illness when the cause of action accrues also receive the full statutory period after the disability is removed under O.C.G.A. § 9-3-90.

Fraud by the Defendant

Under O.C.G.A. § 9-3-96, if the defendant committed fraud that prevented the plaintiff from discovering the cause of action, the limitations period does not begin until the plaintiff discovers the fraud.

Pending Criminal Prosecution

Under O.C.G.A. § 9-3-99, the statute of limitations for a civil tort claim is tolled while a criminal prosecution arising from the same conduct is pending.

How the Clock Starts in Georgia

For most civil claims, the statute of limitations begins on the date the injury or breach occurs. Georgia follows the "occurrence rule" as the default. This means the clock starts when the harmful act happens, not when the victim discovers the harm.

However, Georgia does recognize a limited discovery rule in certain cases, particularly fraud claims. Under the discovery rule, the limitations period begins when the plaintiff knew or should have known about the injury through reasonable diligence.

Medical malpractice follows the occurrence rule strictly. The 2-year clock starts on the date the negligent act happened, not when the patient learns about it. The 5-year statute of repose provides an absolute outer boundary.

For criminal cases, the limitations period generally begins on the date the crime is committed.

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