Georgia Statute of Limitations: Filing Deadlines by Case Type (2026 Guide)

A comprehensive guide to Georgia's statute of limitations for civil claims. Find out how long you have to file a lawsuit for personal injury, breach of contract, medical malpractice, debt collection, property damage, and other claims under Georgia law.

Written by: Court Date Calculator Editorial Team
Last updated:
Fact-checked: This article has been reviewed for legal accuracy and is updated as Georgia laws change.

Table of Contents

  1. Overview of Georgia Deadlines
  2. Civil Statute of Limitations by Case Type
  3. Personal Injury Claims
  4. Contract Disputes
  5. Medical Malpractice
  6. Property Damage
  7. Debt Collection
  8. Wrongful Death
  9. Claims Against Government Entities
  10. Criminal Statute of Limitations
  11. Tolling and Exceptions
  12. Frequently Asked Questions

Overview of Georgia Statute of Limitations

Georgia's statute of limitations sets strict deadlines for filing lawsuits in both civil and criminal cases. These deadlines are codified primarily in the Official Code of Georgia Annotated (O.C.G.A.) Title 9, Chapter 3 (Limitations of Actions) and vary depending on the type of claim. Missing a deadline can result in your case being dismissed, regardless of how strong your claim may be.

The time limits range from as short as 6 months for ante litem claims against the state government to 6 years for written contract disputes. Some claims, such as medical malpractice, have complex rules with multiple overlapping deadlines and a statute of repose.

Key point: The statute of limitations clock typically starts on the date the injury occurred or the date the injury was discovered (or should have been discovered). Always verify the applicable deadline with a qualified Georgia attorney before relying on any general information.

Civil Statute of Limitations by Case Type

The following table summarizes the most common civil statute of limitations deadlines in Georgia. These are general time limits and special rules may apply depending on the specific facts of your case.

Case Type Statute of Limitations Georgia Code
Personal Injury 2 years O.C.G.A. § 9-3-33
Wrongful Death 2 years O.C.G.A. § 9-3-33
Breach of Written Contract 6 years O.C.G.A. § 9-3-24
Breach of Oral Contract 4 years O.C.G.A. § 9-3-25
Property Damage 4 years O.C.G.A. § 9-3-31
Medical Malpractice 2 years from discovery / 5 years from act O.C.G.A. § 9-3-71
Legal Malpractice 4 years O.C.G.A. § 9-3-25
Fraud 4 years O.C.G.A. § 9-3-31
Defamation (Libel/Slander) 1 year O.C.G.A. § 9-3-30
Product Liability 2 years O.C.G.A. § 9-3-33
Debt Collection (Written Contract) 6 years O.C.G.A. § 9-3-24
Debt Collection (Oral Contract) 4 years O.C.G.A. § 9-3-25
Claims Against State Government 12 months (ante litem notice) O.C.G.A. § 50-21-26
Childhood Sexual Abuse Age 23, or within 2 years of discovery O.C.G.A. § 9-3-33.1
Trespass 4 years O.C.G.A. § 9-3-31

Important: This table provides general time limits for common civil claims in Georgia. Special rules may apply for claims involving minors, government entities, medical malpractice, products liability, and other specific situations. Always consult with a qualified Georgia attorney for advice on your particular case.

Personal Injury Claims in Georgia

Under O.C.G.A. § 9-3-33, Georgia's statute of limitations for personal injury claims is 2 years from the date the injury occurred. This applies to a wide range of cases, including:

  • Car accidents and motor vehicle collisions
  • Truck accidents and commercial vehicle crashes
  • Slip and fall / premises liability cases
  • Assault and battery
  • Dog bites and animal attacks
  • Workplace injuries (outside of workers' compensation)
  • Product liability injuries

Discovery Rule

In some cases, the injury is not immediately apparent. Georgia courts apply the "discovery rule," which delays the start of the statute of limitations until the plaintiff discovered, or through reasonable diligence should have discovered, the injury and its cause. Georgia's discovery rule is applied in cases involving:

  • Medical malpractice (hidden injuries)
  • Toxic exposure cases
  • Occupational diseases
  • Latent injuries not immediately discoverable

Minors

If the injured person is under 18 at the time of the injury, the statute of limitations is generally tolled (paused) until they reach the age of majority. Under O.C.G.A. § 9-3-90, the 2-year clock then starts on their 18th birthday, giving them until age 20 to file a lawsuit. However, there are important exceptions for medical malpractice claims involving young children.

Government claims exception: If your personal injury claim is against a government entity (state, city, or county), you must file an ante litem notice of claim within 12 months for the state or 6 months for cities under the Georgia Tort Claims Act. The regular 2-year deadline does not apply to government defendants for purposes of the notice requirement.

Contract Disputes in Georgia

Georgia law distinguishes between written and oral contracts, with different statute of limitations periods for each.

Written Contracts

Under O.C.G.A. § 9-3-24, the statute of limitations for breach of a written contract is 6 years from the date the right of action accrues. This applies to employment agreements, lease agreements, business contracts, promissory notes, and other written agreements. The clock starts on the date the breach occurred. Georgia provides one of the longer written contract deadlines among U.S. states.

Oral Contracts

Under O.C.G.A. § 9-3-25, the statute of limitations for breach of an oral contract is 4 years from the date of the breach. Oral contracts are enforceable in Georgia for most purposes (except for contracts subject to the Statute of Frauds, such as real estate transactions and contracts that cannot be performed within one year), but the shorter deadline reflects the difficulty of proving the terms of an unwritten agreement after a long period of time.

UCC Sales of Goods

For contracts involving the sale of goods, Georgia's version of the Uniform Commercial Code (O.C.G.A. § 11-2-725) sets a 4-year statute of limitations. The parties may reduce this to not less than 1 year, but may not extend it beyond 4 years.

Note: The statute of limitations for contract claims generally begins on the date of the breach, not the date the breach was discovered. However, there are limited exceptions for fraud in the inducement and other special circumstances. For installment contracts, each missed payment may create a separate cause of action with its own deadline.

Medical Malpractice in Georgia

Georgia's medical malpractice statute of limitations is governed by O.C.G.A. § 9-3-71. The rules are more complex than most other claim types:

  • 2 years from the date the injury was discovered, or should have been discovered with reasonable diligence
  • 5 years from the date of the negligent act (statute of repose), whichever occurs first

This means that even if you did not discover the injury right away, you generally cannot file more than 5 years after the date of the negligent act. There are limited exceptions:

  • Foreign object: If a foreign object (such as a surgical instrument or sponge) was left in the patient's body, the claim must be filed within 1 year from the date the foreign object was discovered or should have been discovered
  • Minors under 5: If a child under 5 years of age is the victim of medical malpractice, the claim must be filed by the child's 7th birthday, or within 2 years of discovery, whichever is later
  • Fraud: If the healthcare provider willfully and intentionally fraudulently concealed the malpractice, the statute of limitations may be tolled

Expert Affidavit Requirement

Georgia requires plaintiffs in medical malpractice cases to file an expert affidavit with the complaint. Under O.C.G.A. § 9-11-9.1, the plaintiff must provide an affidavit of an expert competent to testify who sets forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim. Failure to file the required affidavit can result in dismissal of the claim.

Warning: Medical malpractice cases in Georgia have strict procedural requirements, including the expert affidavit requirement. Failure to comply with these requirements will result in dismissal of your claim. Consult with an experienced Georgia medical malpractice attorney immediately if you believe you have a claim.

Property Damage Claims in Georgia

Under O.C.G.A. § 9-3-31, the statute of limitations for property damage claims in Georgia is 4 years. This applies to:

  • Damage to real property (land, buildings, structures)
  • Damage to personal property (vehicles, equipment, belongings)
  • Trespass to real property
  • Conversion (theft or unauthorized use of personal property)
  • Vandalism and intentional property damage
  • Vehicle accidents causing property damage

The clock generally starts on the date the damage occurred. For latent damage that is not immediately discoverable (such as construction defects or foundation damage), the discovery rule may apply, but Georgia courts apply it narrowly. A separate statute of repose may also limit the time to file for construction-related claims.

Debt Collection in Georgia

The statute of limitations for debt collection in Georgia depends on the type of debt:

Type of Debt Statute of Limitations Legal Basis
Written contract (loans, promissory notes) 6 years O.C.G.A. § 9-3-24
Oral contract 4 years O.C.G.A. § 9-3-25
Open-ended account (credit cards) 4 years (or 6 years if written agreement) O.C.G.A. § 9-3-25 / § 9-3-24
Auto loan deficiency 6 years O.C.G.A. § 9-3-24
Store account / open account 4 years O.C.G.A. § 9-3-25
Domestic judgment (renewable) 7 years (renewable for additional 7-year periods) O.C.G.A. § 9-12-60

When Does the Clock Start?

For most debts, the statute of limitations starts from the date of last payment or the date of default, whichever is later. Each payment on an account may restart the clock in Georgia.

Georgia's Protections Against Time-Barred Debt Collection

Georgia has strong consumer protections regarding time-barred debt. Under O.C.G.A. § 10-1-7, it is a criminal offense (a misdemeanor) for any person to threaten to bring civil action on a debt when the statute of limitations has expired, unless the creditor in fact intends to bring such action. Violations can result in criminal penalties.

Important: After the statute of limitations expires, debt collectors cannot successfully sue you and are prohibited from threatening to sue under Georgia law. However, making a partial payment or acknowledging the debt in writing may restart the clock. Do not make any payment or written acknowledgment on an old debt without first consulting an attorney.

Wrongful Death Claims in Georgia

Under O.C.G.A. § 9-3-33, the statute of limitations for wrongful death claims in Georgia is 2 years from the date of the decedent's death. This applies when a person's death is caused by the wrongful act, neglect, or default of another.

Under Georgia's wrongful death statutes (O.C.G.A. §§ 51-4-1 to 51-4-5), the following parties may file a wrongful death claim, in order of priority:

  • The surviving spouse
  • Minor children (if no surviving spouse)
  • Parents of the deceased (if no surviving spouse or children)
  • The administrator or executor of the estate (if no surviving family members)

Common Wrongful Death Scenarios

  • Fatal car or truck accidents
  • Medical malpractice resulting in death
  • Workplace fatalities
  • Defective products causing death
  • Intentional acts of violence
  • Premises liability incidents (e.g., drowning, unsafe conditions)

Survival Actions

In addition to wrongful death claims, Georgia allows "survival actions" under O.C.G.A. § 9-2-41, which allow the estate of the deceased to pursue claims the deceased could have brought had they survived (such as pain and suffering before death, medical expenses, and funeral costs). The statute of limitations for survival actions is also 2 years.

If the wrongful death claim is against a government entity, the ante litem notice deadlines under the Georgia Tort Claims Act apply instead.

Claims Against Government Entities in Georgia

Georgia imposes strict ante litem (before litigation) notice requirements for claims against government entities. These requirements are codified in different statutes depending on the level of government involved.

Claims Against the State

Under the Georgia Tort Claims Act (O.C.G.A. § 50-21-26), you must file an ante litem notice of claim with the State of Georgia within 12 months of the date the injury occurred. The notice must be filed with the Clerk of the State Court of Claims and must describe:

  • The time, place, and extent of the injury
  • The negligence or wrongful act or omission of the state employee
  • The damages claimed

Claims Against Cities

Under O.C.G.A. § 36-33-5, claims against municipalities (cities) require ante litem notice within 6 months of the date of the injury. The notice must be in writing and must specify the time, place, and extent of the injury with sufficient detail for the city to investigate the claim.

Claims Against Counties

Under O.C.G.A. § 36-1-4, claims against counties require ante litem notice within 12 months of the date of the injury. The notice requirements are similar to those for city claims.

Damages Caps

Under the Georgia Tort Claims Act, sovereign immunity is waived up to:

  • $1,000,000 per person for any single occurrence
  • $3,500,000 total for any single occurrence, regardless of the number of claimants

Critical: The ante litem notice requirements for government claims in Georgia are strictly enforced by courts. Failure to properly file the notice within the required timeframe (6 months for cities, 12 months for the state and counties) almost always permanently bars your claim. If you believe you have a claim against a government entity, act immediately and consult with a Georgia attorney.

Criminal Statute of Limitations in Georgia

Georgia's criminal statute of limitations is governed by O.C.G.A. § 17-3-1 et seq. The deadlines vary based on the severity and type of offense:

Offense Type Statute of Limitations Legal Basis
Murder (any degree) No limit O.C.G.A. § 17-3-1
Rape No limit (if DNA evidence exists) O.C.G.A. § 17-3-1
Sexual offenses against children (under 16) No limit O.C.G.A. § 17-3-1
Armed robbery No limit (if DNA evidence exists) O.C.G.A. § 17-3-1
Felonies (general) 7 years O.C.G.A. § 17-3-1
Theft of property by a felon 7 years from discovery O.C.G.A. § 17-3-2.2
Forgery 7 years O.C.G.A. § 17-3-2
Financial transaction theft (elderly victim) 7 years from discovery O.C.G.A. § 17-3-2.2
Misdemeanors 2 years O.C.G.A. § 17-3-1
Simple battery (family violence) No limit (if reported within 48 hours) O.C.G.A. § 17-3-1

Note: Georgia has expanded the list of crimes with no statute of limitations in recent years. Murder, rape (with DNA evidence), and sexual offenses against children under 16 carry no time limit. Additionally, for certain felonies where DNA evidence is available and preserved, the statute of limitations may not apply under O.C.G.A. § 17-3-2.2.

Tolling and Exceptions in Georgia

Under certain circumstances, Georgia law allows the statute of limitations to be "tolled" (paused or extended). Common tolling doctrines include:

Minority (Under 18)

If the plaintiff is under 18 at the time the cause of action accrues, the statute of limitations is tolled until they reach the age of majority. This is codified at O.C.G.A. § 9-3-90. The clock starts on the plaintiff's 18th birthday. However, note the special rules for medical malpractice claims involving children under 5 years old (must file by age 7).

Mental Incapacity

If the plaintiff is of unsound mind at the time the cause of action accrues, the statute of limitations may be tolled under O.C.G.A. § 9-3-90. The disability must exist at the time the cause of action accrues; subsequent disability generally does not toll the limitations period.

Defendant's Absence from the State

Under O.C.G.A. § 9-3-94, if the defendant is out of the state at the time the cause of action accrues, the statute of limitations does not begin to run until the defendant returns. If the defendant leaves after the cause of action accrues, the time of absence is not counted toward the limitations period.

Discovery Rule

Georgia courts recognize the discovery rule in many types of cases. Under this doctrine, the statute of limitations does not begin until the plaintiff discovered, or through reasonable diligence should have discovered, the facts giving rise to the claim. This is particularly relevant in:

  • Medical malpractice (hidden injuries)
  • Toxic exposure and environmental contamination
  • Fraud and misrepresentation
  • Professional malpractice (legal, accounting)
  • Occupational diseases

Fraudulent Concealment

If the defendant fraudulently concealed the facts giving rise to the claim, the statute of limitations is tolled until the plaintiff discovered or should have discovered the claim. In medical malpractice cases, willful and intentional fraudulent concealment can toll the statute of limitations.

Warning: Tolling doctrines are complex and fact-specific. Do not assume the statute of limitations has been extended in your case without consulting a Georgia attorney. Courts apply these doctrines narrowly, and the burden of proving tolling is on the plaintiff.

When Does the Clock Start in Georgia?

Understanding when the statute of limitations clock begins is critical to determining whether your claim is timely. Georgia law provides different rules for different situations:

Occurrence Rule (Default)

For most claims in Georgia, the statute of limitations begins to run on the date the injury or wrongful act occurred. This is known as the "occurrence rule." For example, if you are injured in a car accident on January 15, 2025, the two-year limitations period for personal injury begins on that date, regardless of when you discover the full extent of your injuries.

Discovery Rule (Exception)

Georgia courts recognize the discovery rule as an exception to the occurrence rule. Under this doctrine, the statute of limitations does not begin until the plaintiff discovered, or through reasonable diligence should have discovered, the facts giving rise to the claim. This applies in cases involving:

  • Medical malpractice (hidden injuries, foreign objects)
  • Fraud and misrepresentation
  • Toxic exposure and environmental contamination
  • Professional malpractice (legal, accounting)
  • Occupational diseases that develop over time

Georgia courts apply the discovery rule narrowly. The plaintiff must show that they could not have discovered the injury earlier despite exercising reasonable diligence.

How Criminal Prosecution Officially Begins

For criminal cases, the statute of limitations is satisfied if the prosecution is "commenced" before the deadline expires. Under O.C.G.A. § 17-3-3, prosecution is commenced by:

  • Filing an indictment by a grand jury
  • Filing an accusation by the prosecutor (for felonies not requiring indictment)
  • Issuing a warrant for the arrest of the defendant

If a prosecution begins and is later stopped (e.g., dismissed on technical grounds), the statute of limitations is extended by 6 months from the date it stopped, provided the original prosecution was commenced within the applicable limitations period.

DNA Evidence and Cold Cases in Georgia

Georgia law provides special rules for cases where DNA evidence is available. Under O.C.G.A. § 17-3-2.1, if DNA evidence is used to establish the identity of the defendant, there is no statute of limitations for the following crimes:

  • Armed robbery
  • Kidnapping
  • Rape
  • Aggravated child molestation
  • Aggravated sodomy
  • Aggravated sexual battery

This means that if DNA evidence identifies a suspect in one of these crimes, prosecutors can bring charges at any time, regardless of how many years have passed since the crime occurred. This provision is designed to allow prosecution of cold cases where physical evidence was collected but DNA technology was not available or not applied at the time of the crime.

The DNA exception applies only if the biological evidence was preserved and the DNA profile was obtained through testing that meets Georgia's evidentiary standards.

Protection for Victims Age 65 and Older

Georgia law provides special protection for elderly victims under O.C.G.A. § 17-3-2.2. If the victim of any crime is 65 years of age or older at the time the crime is committed, the statute of limitations does not begin to run until:

  • The violation is reported to law enforcement or other authorities, or
  • The violation is discovered by the authorities,

whichever occurs first.

However, there is an outer limit: unless the general statute of limitations for the crime is more than 15 years, the prosecution must be commenced within 15 years after the commission of the crime. This ensures that even with the tolling provision, there is a final deadline for bringing charges.

This provision recognizes that elderly victims may be particularly vulnerable to financial exploitation, abuse, and neglect, and may not immediately report crimes or may be unable to do so due to cognitive impairment or fear of retaliation.

Challenging Charges Filed After the Deadline

If you believe criminal charges were filed after the statute of limitations expired, or a civil lawsuit was filed out of time, you can raise the statute of limitations as a defense.

In Criminal Cases

The statute of limitations is an affirmative defense in criminal cases. This means the defendant must raise the issue, typically through a pretrial motion to dismiss or in the answer to the indictment. If the defendant fails to raise the defense, it may be waived. The burden is on the defendant to show that the limitations period has expired, but once shown, the burden shifts to the prosecution to prove that the prosecution was commenced within the applicable period or that an exception (such as tolling or the DNA exception) applies.

In Civil Cases

In civil cases, the defendant can file a motion to dismiss based on the expiration of the statute of limitations. If the court finds that the claim was filed after the deadline, the case will be dismissed with prejudice (meaning it cannot be refiled). The court clerk may also reject a complaint that is clearly time-barred at the time of filing.

Key Point: The statute of limitations is a procedural defense. It does not address whether the underlying claim has merit. A case can be dismissed because it was filed too late, even if the plaintiff has a valid claim. This is why it is critical to file your claim within the applicable deadline.

Georgia Statute of Limitations: Frequently Asked Questions

What is the statute of limitations for personal injury in Georgia?
In Georgia, the statute of limitations for personal injury claims is 2 years from the date the injury occurred under O.C.G.A. Section 9-3-33. This applies to car accidents, slip and fall cases, assault, dog bites, and other injury claims. If the injury was not immediately discovered, the discovery rule may delay the start of the clock in limited circumstances. However, if your claim is against a government entity, you must file an ante litem notice within 12 months for the state or 6 months for cities.
What is the statute of limitations for medical malpractice in Georgia?
Under O.C.G.A. Section 9-3-71, the statute of limitations for medical malpractice in Georgia is 2 years from the date the injury was discovered or should have been discovered, with a 5-year statute of repose from the date of the negligent act. Exceptions exist for foreign objects left in the body (1 year from discovery) and claims involving children under 5 (must file by the child's 7th birthday). Plaintiffs must also file an expert affidavit with the complaint.
What is the statute of limitations for breach of contract in Georgia?
In Georgia, the statute of limitations for breach of a written contract is 6 years under O.C.G.A. Section 9-3-24. For breach of an oral contract, the limit is 4 years under O.C.G.A. Section 9-3-25. The clock generally starts on the date the breach occurred, not when the breach was discovered. Georgia's 6-year written contract deadline is one of the longer periods among U.S. states.
What is the statute of limitations for debt collection in Georgia?
In Georgia, the statute of limitations for debt collection depends on the type of debt. Written contracts have a 6-year limit, oral contracts have a 4-year limit, and open-ended accounts (such as credit cards) generally have a 4-year limit, though some courts have applied the 6-year written contract limit depending on the account terms. The clock typically starts from the date of the last payment or the date of default. Georgia law makes it a criminal offense for debt collectors to threaten to sue on time-barred debt.
How long do I have to file a claim against a government entity in Georgia?
In Georgia, ante litem notice requirements vary by the level of government. For claims against the State of Georgia, you must file notice within 12 months under O.C.G.A. Section 50-21-26. For claims against cities, notice must be filed within 6 months under O.C.G.A. Section 36-33-5. For claims against counties, notice must be filed within 12 months under O.C.G.A. Section 36-1-4. The notice must describe the time, place, and extent of the injury. Missing these deadlines almost always permanently bars your claim.
Can the statute of limitations be extended in Georgia?
Yes, under certain circumstances. The statute of limitations can be tolled (paused) if the plaintiff is a minor under 18, is of unsound mind, or if the defendant has left the state. Georgia also recognizes the discovery rule in many types of cases and fraudulent concealment as a basis for tolling. However, these doctrines are applied narrowly by courts, and the burden of proving tolling is on the plaintiff. Always consult with a Georgia attorney to determine if tolling applies to your case.
What is the statute of limitations for childhood sexual abuse in Georgia?
Under O.C.G.A. Section 9-3-33.1, victims of childhood sexual abuse may file a civil lawsuit until age 23, or within 2 years of the date the victim discovers that the psychological injury was caused by the abuse, whichever is later. The criminal statute of limitations for sexual offenses against children under 16 has no time limit under O.C.G.A. Section 17-3-1. These provisions are designed to account for the delayed disclosure and psychological impact commonly associated with childhood sexual abuse.
Does Georgia have a statute of repose?
Yes, Georgia has several statutes of repose. The most notable include: (1) Medical malpractice — a 5-year statute of repose under O.C.G.A. Section 9-3-71 that bars claims filed more than 5 years after the date of the negligent act, regardless of when the injury was discovered; (2) Products liability — a 10-year statute of repose under O.C.G.A. Section 51-1-11(b)(2) that bars claims filed more than 10 years after the date the product was first sold for use or consumption; and (3) Improvements to real property — an 8-year statute of repose under O.C.G.A. Section 51-1-11.1 for claims arising from the design or construction of improvements to real property. Statutes of repose are absolute deadlines that generally cannot be tolled or extended.
Is it illegal for a debt collector to sue on time-barred debt in Georgia?
Under O.C.G.A. Section 10-1-7, it is a criminal misdemeanor in Georgia for any person to threaten to bring civil action on a debt when the statute of limitations has expired, unless the creditor actually intends to bring such action. While this statute does not prohibit all collection activity on time-barred debt, it provides stronger protection than federal law in many respects. Additionally, the federal Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from threatening to sue on time-barred debt. If a debt collector sues you on a time-barred debt, you should raise the statute of limitations as an affirmative defense.

Statute of Limitations in Other States

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Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Statute of limitations laws are subject to change and may be affected by recent legislation, court decisions, or the specific facts of your case. Special rules may apply for claims against government entities (ante litem notice requirements), medical malpractice, products liability, cases involving minors, and other specific situations. Always consult with a qualified Georgia attorney for advice on your particular situation. CourtDateCalculator.online is not a law firm and is not engaged in the practice of law.