Text of O.C.G.A. § 9-3-33

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, with the exception that an action for injuries to the person involving loss of consortium shall be brought within four years after the right of action accrues.

This deceptively simple statute has profound implications for anyone considering a personal injury claim in Georgia. Let us unpack every aspect.

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum time within which a lawsuit must be filed after the event giving rise to the claim. Once the limitations period expires, the right to sue is extinguished — permanently.

Policy Rationale

Statutes of limitations serve several important purposes:

• Evidence preservation — Over time, evidence degrades, witnesses’ memories fade, and documents are lost. Filing deadlines encourage timely claims while evidence is fresh.
• Fairness to defendants — It would be unfair to allow claims to be brought decades after the event, when the defendant may no longer have the ability to mount a defense.
• Repose and certainty — Defendants should eventually be able to put potential claims behind them.
• Encouraging diligent prosecution — Plaintiffs have an incentive to investigate and pursue their claims promptly.

Affirmative Defense

The statute of limitations is an affirmative defense, meaning the defendant must raise it. If the defendant fails to assert the defense, it is waived. However, defendants almost always assert the defense when applicable, and courts will enforce it strictly.

The Two-Year Rule for Personal Injury

O.C.G.A. § 9-3-33 establishes a two-year limitations period for “actions for injuries to the person.” This covers the vast majority of personal injury claims in Georgia, including:

• Car, truck, and motorcycle accidents
• Slip and fall / premises liability
• Product liability (defective products)
• Dog bites and animal attacks
• Assault and battery (intentional torts)
• Workplace injuries (third-party claims; workers’ comp has separate deadlines)
• Nursing home abuse and neglect
• Medical malpractice (subject to additional requirements)

Two Years Means Two Years

Georgia courts enforce the two-year deadline strictly. There is no “grace period,” no “substantial compliance” exception, and no judicial discretion to extend the deadline absent a statutory exception. A lawsuit filed one day late will be dismissed.

The Exception for Loss of Consortium

Note that O.C.G.A. § 9-3-33 provides a four-year statute of limitations for loss of consortium claims. Loss of consortium is a claim brought by a spouse for the loss of companionship, affection, and marital relationship caused by the other spouse’s injury. This longer period recognizes that the full impact on the marital relationship may not be immediately apparent.

When Does the Clock Start?

The statute provides that the two-year period runs from when “the right of action accrues.” In most personal injury cases, the right of action accrues on the date of the injury — i.e., the date of the accident or incident that caused the harm.

Date of Injury vs. Date of Discovery

For most accident cases, the accrual date is straightforward: if you were in a car accident on March 15, 2024, the two-year period begins on March 15, 2024, and expires on March 15, 2026.

However, in some cases, the injury is not immediately apparent. In these situations, the “discovery rule” may apply to delay the start of the limitations period.

Continuing Tort Doctrine

When an injury results from ongoing conduct rather than a single event (such as continuous exposure to a toxic substance or repeated instances of abuse), Georgia recognizes the continuing tort doctrine. Under this doctrine, the limitations period may be calculated from the date of the last injurious act rather than the first, provided the acts are part of a continuing course of conduct.

The Discovery Rule

Georgia applies the discovery rule in limited circumstances to delay the accrual of the limitations period until the plaintiff knew or should have known about the injury and its cause.

Medical Malpractice

The discovery rule is most commonly applied in medical malpractice cases. Under O.C.G.A. § 9-3-71, medical malpractice claims must be brought within two years from the date of the negligent act, but the limitations period does not begin until the patient discovers or, in the exercise of ordinary diligence, should have discovered the injury. However, Georgia imposes an absolute five-year statute of repose from the date of the negligent act, regardless of when discovery occurs.

Foreign Objects

Under O.C.G.A. § 9-3-72, if a foreign object is left in a patient’s body during surgery, the limitations period runs from the date the object is discovered or, in the exercise of ordinary diligence, should have been discovered. This exception has no statute of repose.

Latent Injuries

For injuries that develop over time — such as toxic exposure, occupational diseases, or defective medical devices — the discovery rule delays accrual until the plaintiff knew or should have known about the connection between the defendant’s conduct and the injury. However, the plaintiff must exercise reasonable diligence in discovering the injury; willful ignorance does not toll the statute.

Tolling: When the Clock Stops

Under certain circumstances, Georgia law “tolls” (pauses) the statute of limitations. The clock stops during the tolling period and resumes when the tolling condition ends.

Mental Incompetence — O.C.G.A. § 9-3-90

If the injured person is “legally incompetent” at the time the cause of action accrues — meaning they lack the mental capacity to manage their own affairs — the statute of limitations is tolled until the disability is removed. If the person regains competence, they have the full limitations period from the date of recovery. If they remain incompetent, a guardian may file the claim.

Minority — O.C.G.A. § 9-3-90

If the injured person is a minor (under 18) at the time of the injury, the statute is tolled until they reach the age of majority (18). Once they turn 18, they have the full two-year period to file suit. However, there are important qualifications discussed in the minors section below.

Absence from the State — O.C.G.A. § 9-3-94

If the defendant leaves Georgia after the cause of action accrues, the time of absence does not count toward the statute of limitations. This prevents defendants from running out the clock by leaving the state. However, with modern long-arm statutes, this provision has less practical significance than it once did.

Fraud or Concealment — O.C.G.A. § 9-3-96

If the defendant fraudulently conceals the cause of action from the plaintiff, the statute of limitations is tolled until the plaintiff discovers or should have discovered the fraud. This is particularly relevant in medical malpractice and product liability cases where the defendant may have concealed evidence of wrongdoing.

Bankruptcy Automatic Stay

If the defendant files for bankruptcy, the automatic stay under 11 U.S.C. § 362 prevents the filing of lawsuits. The limitations period is tolled during the pendency of the stay.

Special Rules for Minors

Georgia provides extended deadlines for injured minors, but the rules are nuanced:

General Rule

Under O.C.G.A. § 9-3-90, the statute of limitations is tolled during minority. A person injured at age 10 would have until age 20 (18 + 2 years) to file suit.

Medical Malpractice Exception

Under O.C.G.A. § 9-3-73, the statute of repose for medical malpractice claims involving minors is five years from the date of the negligent act, with an absolute outer limit of the minor’s tenth birthday (for injuries occurring at birth or before age 5). After the child turns 10, the standard two-year/five-year medical malpractice limitations framework applies.

Parent’s Claims

A parent’s claim for a minor’s medical expenses is the parent’s own claim and is subject to the standard two-year statute of limitations, even though the child’s personal injury claim is tolled. This means parents must act promptly to preserve their own claims, even if the child’s claim has more time.

Wrongful Death Statute of Limitations

Georgia’s wrongful death statute of limitations is also two years, governed by O.C.G.A. § 9-3-33, but it runs from the date of death rather than the date of the injury that eventually caused death.

Who Can File

Under O.C.G.A. § 51-4-2, the wrongful death action belongs to the surviving spouse. If there is no surviving spouse, the action passes to the children. If there is no spouse or children, the action goes to the parent or parents. If there are no surviving spouse, children, or parents, the personal representative of the estate may file the action.

Survival Actions

A survival action — which recovers damages that the deceased person experienced between injury and death (such as pain and suffering before death) — is governed by a separate statute: O.C.G.A. § 9-2-41. The survival action must be brought by the personal representative of the estate and is subject to the same two-year limitations period.

Claims Against the Government

Claims against government entities in Georgia are subject to additional requirements and shorter deadlines:

State Government — Georgia Tort Claims Act (O.C.G.A. § 50-21-20 et seq.)

Before suing the State of Georgia or a state agency, you must provide ante litem notice (notice before suit) within 12 months of the incident. The notice must be sent to the state entity and the Georgia Department of Administrative Services. Failure to provide timely ante litem notice is a jurisdictional bar — your lawsuit will be dismissed.

Local Government — O.C.G.A. § 36-33-5

Claims against cities and counties in Georgia also require ante litem notice, typically within 6 months for cities (but check the specific municipality’s charter, as the deadline can vary) and 12 months for counties. Local government claims are also subject to the Georgia Tort Claims Act’s waiver of sovereign immunity.

Federal Government — Federal Tort Claims Act

Claims against the federal government must be filed as an administrative claim with the appropriate federal agency within two years of the incident. If the agency denies the claim, you have six months to file a lawsuit in federal court.

Statute of Repose vs. Statute of Limitations

A statute of repose is different from a statute of limitations. While a statute of limitations begins to run when the injury occurs (or is discovered), a statute of repose begins to run from a fixed event — typically the date of sale, completion of construction, or delivery of a service — regardless of when the injury occurs.

Product Liability Statute of Repose — O.C.G.A. § 51-1-11

Georgia’s product liability statute of repose bars claims brought more than 10 years after the first sale of the product to a consumer, regardless of when the injury occurred. This means that if a defective product causes injury 11 years after it was sold, the claim is barred — even if the injury just happened.

Medical Malpractice Statute of Repose — O.C.G.A. § 9-3-71(b)

Medical malpractice claims must be brought within five years of the negligent act, regardless of when the injury was discovered. The only exception is for foreign objects left in the body.

Construction Statute of Repose — O.C.G.A. § 9-3-51

Claims arising from defective construction must be brought within eight years of substantial completion of the improvement.

Deadlines by Case Type

Common Mistakes That Cost You Your Claim

1. Waiting too long to consult an attorney. Many people assume they have “plenty of time” with a two-year deadline. In reality, building a strong case takes months of investigation, evidence collection, and expert analysis. The closer you get to the deadline, the more compromised your case becomes.
2. Confusing the date of injury with the date of diagnosis. In most cases, the clock starts on the date of the incident, not the date a doctor diagnoses your condition. The discovery rule applies only in limited circumstances.
3. Failing to provide ante litem notice. Claims against government entities require notice well before the two-year filing deadline. Missing the ante litem notice deadline (as short as 6 months for some cities) bars your claim even if the two-year period has not expired.
4. Suing the wrong entity. Filing a lawsuit against the wrong defendant does not toll the statute against the correct defendant. By the time the error is discovered, it may be too late.
5. Relying on settlement negotiations. The statute of limitations continues to run during settlement negotiations. Insurance companies have been known to string along negotiations until the deadline passes, then assert the statute of limitations as a defense.
6. Ignoring the statute of repose. Even if the two-year limitations period has not expired, the statute of repose may have already barred your claim if the product or service was provided long ago.

Frequently Asked Questions About Georgia’s Statute of Limitations