Important note: The material below is not legal advice and is not to be relied on in the absence of advice by an attorney. Only your attorney can advise you as to the applicable statute of limitations in your case. Please consult with an attorney before making any decision as to the statute of limitations in your case.
Georgia Statutes of Limitations
What is the statute of limitations in Georgia? Different offenses have different deadlines for injured parties to file their complaints with the court, called statutes of limitations. In a lot of cases, it’s two years long. For instance, with certain notable exceptions, the Georgia medical malpractice statute of limitations is two years. According to the Georgia statute of limitations, personal injury plaintiffs must generally take action within two years of the date of the injury unless the damage is to the plaintiff’s reputation, in which case the plaintiff only has one year to take legal action. The Georgia negligence statute of limitations follows the same two-year standard.
The following list provides a breakdown of the Georgia statute of limitations for a personal injury claim, malpractice claim or fraud claim.
Negligence/Personal Injury
2 Years
“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, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.” (Ga. Code Ann. § 9-3-33)
Defective Product Statute of Repose
10 Years
“(b)(1) The manufacturer of any personal property sold as new property directly or through a dealer or any other person shall be liable in tort, irrespective of privity, to any natural person who may use, consume or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained.
“(2) No action shall be commenced pursuant to this subsection with respect to an injury after ten years from the date of the first sale for use or consumption of the personal property causing or otherwise bringing about the injury.” (Ga. Code Ann. § 51-1-11)
Toxic Tort
2 Years
“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, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.” (Ga. Code Ann. § 9-3-33)
Construction Liability Statute of Repose
8 Years
No action “shall be brought against any person performing or furnishing the survey or plat, design, planning, supervision or observation of construction or construction of such an improvement more than eight years after substantial completion of such an improvement.” (O.C.G.A. § 9-3-51)
Wrongful Death
2 Years
“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, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.” (Ga. Code Ann. § 9-3-33)
Medical Malpractice
2 Years
“(a) Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.
“(b) Notwithstanding subsection (a) of this Code section, in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred.
“(c) Subsection (a) of this Code section is intended to create a two-year statute of limitations. Subsection (b) of this Code section is intended to create a five-year statute of ultimate repose and abrogation.” (Ga. Code Ann. § 9-3-71)
Product Liability
2 Years
“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, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.” (Ga. Code Ann. § 9-3-33)
Discovery Rule
“[The plaintiff’s] cause of action did not accrue and the statute of limitations did not run against him until he knew or through the exercise of reasonable diligence should have discovered not only the nature of his injury but also the causal connection between his injury and the alleged negligent conduct of [defendant].” (King v. Seitzingers Inc., 160 Ga. App. 287 S.E.2d 252 (Ga. Ct. App. 1981).)
Personal Property Damage
4 Years
“Actions for injuries to personalty shall be brought within four years after the right of action accrues.” (Ga. Code Ann. § 9-3-31)
Discovery Rule
The statute of limitations runs from when the injury is or should have been discovered.
Comparative Negligence
The comparative negligence rule applies, but if the plaintiff is 50% or more responsible or the plaintiff by ordinary care could have avoided the consequences of the negligence, no recovery is allowed. If the plaintiff is less than 50% at fault, recovery is reduced by the plaintiff’s percent of fault.
Charitable Immunity
Charitable organizations are immune to personal injury lawsuits.
Legal Disability
People who are not capable of independently exercising their legal rights, such as minors, incompetents, the legally insane or imprisoned persons, are typically granted the normal statute of limitations after the removal of the legal disability. (Ga. Code Ann. § 9-3-90)
In medical malpractice cases, minors younger than 5 have two years from the date of their fifth birthday for a legal claim to be filed. (Ga. Code Ann. § 9-3-73(b))
In negligence cases, legal action for an act that occurred before a person’s fifth birthday is barred once they turn 10. (Ga. Code Ann. § 9-3-73(c)(2)(A))
Punitive Damages
The plaintiff must present clear and convincing evidence of malicious intent or willful or wanton conduct.
There’s no cap on punitive damages for product liability cases, where there is malicious intent or in cases involving conduct influenced by drugs or alcohol. Other torts are capped at $250,000, but this limitation can be ignored if there is specific intent to cause harm. In product liability cases, 75% of the punitive damage award is paid to the state. (Ga. Code Ann. § 51-12-5.1(e)(1))
No-Fault Insurance
Georgia is not a no-fault state.
Consumer Fraud Complaints
Address complaints to the Georgia Department of Law’s Consumer Protection Division. Complaints may be filed online, by mail or by phone; call (404) 651-8600 or 1-800-869-1123.
If you have additional questions about the Georgia statute of limitations for personal injury, medical malpractice or fraud cases or you would like to consult with an attorney about your case, call us today for a free consultation. Our firm is exclusively focused on personal injury cases, and we can help you determine if the Georgia medical malpractice statute of limitations has passed, whether you’re eligible for compensation, and how to move forward with your case. Don’t wait: We’re here to help.