What Is the Statute of Limitations for a Personal Injury Claim in Georgia?

While your life can change in an instant following a serious accident or traumatic event, you have more time than you think to file a personal injury claim. The Georgia personal injury statute of limitations has a built-in cushion to provide you with time to come forward with your case. However, that window doesn't last forever. Learn more to make sure you're not losing right to compensation.

Georgia’s statute of limitations for personal injury

The Georgia statute of limitations personal injury is two years. That means you have two years from the date of injury for filing a personal injury claim. Under Georgia law, personal injury generally refers to a case where negligence has caused harm. For example, a car or truck accident, motorcycle collision, slip-and-fall accident, medical malpractice, or product liability. In addition, wrongful death is also covered under the two-year statute of limitations in Georgia in most cases.

Courts in Georgia generally apply something called the discovery rule when determining when the window for a statute of limitations begins and ends. Under the discovery rule, the statute of limitations does not begin until you either know or reasonably should have known that you were subjected to injury or harm. For example, an injury caused by an event may develop or become apparent over a period of time instead of all at once.

Exceptions to the two-year filing deadline

The statute of limitations for minors may be extended based on the victim's age. In Georgia, the two-year filing period does not begin until the victim becomes 18. They then have two years following their 18th birthday to open a personal injury case.

An exception is also in place for claims against government bodies or employees. Any claim you bring forth against a municipal or county government — including their employees — in Georgia must be filed within six months. If you're claiming the state government, the filing window is one year.

What does it mean to “toll” the statute of limitations?

Tolling the statute of limitations in Georgia effectively means "freezing" the statute of limitations due to an extraordinary circumstance. This allows you to pause the clock because of special circumstances. Several situations could merit tolling.

The defendant leaves the state

If the person or entity you're filing a claim against leaves the state, the court may give you extra time to account for the fact that you're unable to serve legal papers. The window provided for tolling varies based on your case's circumstances. However, the clock is generally restarted once the defendant returns to the state or becomes accessible for serving.

Cases involving fraud

If the defendant appears to be engaging in activity that is concealing information or actions, you may be able to ask for tolling that pauses or suspends the statute of limitations to allow you to file the claim after gathering more information. Fraudulent concealment can make filing difficult for plaintiffs because the defendant's activities may be hiding facts that are pertinent to the case.

Mental incompetence of the victim

Tolling is not automatic in cases where the victim is mentally incompetent. Georgia courts require proof that may include medical evaluations, psychological records, or evidence of a guardianship before approving tolling for mental incompetence. In 2025, the Georgia Supreme Court upheld a verdict on non-tolling for mental incompetence involving medical malpractice lawsuits. This only underscores the importance of working with a legal team as soon as possible to protect your rights in the event of personal injury caused by medical malpractice or negligence in Georgia. Generally, your legal team will work using something called a contingency fee which means you only pay if you win your case.

Why you must act before the deadline expires

The long and short of it is that the liable party wins by default when you do nothing. While it's difficult to see injustice taking place, there's little that anyone can do if the statute of limitations runs out on a personal injury claim in a situation where exceptions and tolling don't apply.

Aside from just meeting the statute of limitations, taking early action is important for preservation of evidence. You may not realize that physical evidence, communications via phone and email, and other artifacts related to your injury need to be preserved as early as possible to support your claims. Your legal team can help you identify and collect information related to your case that proves your allegations.

Consult an Atlanta personal injury lawyer

Don't let the statute of limitations run out on your personal injury claim in Georgia. In a perfect world, there would be no timer on your ability to seek compensation and justice after being harmed. In the legal world, you have a two-year window to gather the evidence you need to make your case. Make sure you have a competent, capable Atlanta personal injury lawyer working hard on your behalf. Do you have questions about the statute of limitations for an injury you've sustained? Complete our online contact form or call (855) 537-6264 now to get answers.

Frequently asked questions

What happens if I miss the statute of limitations?

If you miss the statute of limitations on a personal injury case in Georgia, your case will be dismissed. This means you'll lose your right to seek compensation for damages. If you believe your deadline for the statute of limitations on your claim is either nearing or has already passed, it's important to seek the help of a lawyer to see if your situation may qualify for an extension or tolling.

Does the discovery rule apply in Georgia?

A Georgia court's application of the discovery rule can vary by case and circumstance. A court may honor the discovery in a situation where your injury isn't immediately obvious. For example, a court may extend the deadline on your statute of limitations if you struggled with symptoms for years after an unknown object was left in your body following surgery.