The Two-Year Deadline Under Georgia Law

Georgia's personal injury statute of limitations is established under O.C.G.A. § 9-3-33. If you were injured in a car accident, truck crash, slip and fall, or any other incident caused by someone else's negligence, you generally have two years from the date of that injury to file a lawsuit in Georgia court. Miss that window, and the court will almost certainly dismiss your case — regardless of how strong it is.

Government Entity Claims — The Clock Moves Faster

If your injury involved a government vehicle, a city-owned property, a county agency, or any other government entity, the rules change significantly. Georgia law requires you to file an ante litem notice — a formal written notice of your intent to bring a claim — before any lawsuit can proceed. Depending on the entity, that notice window can be as short as six months from the date of injury. This is one of the most commonly missed deadlines in personal injury law, and it can permanently bar an otherwise valid claim.

Wrongful Death Claims

When a family member dies as a result of someone else's negligence, the statute of limitations runs two years from the date of death — not from the date of the underlying accident or incident. In cases where death was not immediate, that distinction matters. The personal representative of the estate typically has standing to bring the wrongful death claim, and the two-year clock starts on the day the person passed.

When the Injured Person Is a Minor

Georgia law does not start the clock on a minor's personal injury claim at the time of the injury. Instead, the statute of limitations is tolled — paused — until the child turns 18. At that point, the minor has two years from their 18th birthday to file. This protection exists because children cannot bring legal claims on their own behalf. That said, a parent or guardian may still have standing to bring certain claims on the child's behalf before they reach adulthood, so it is worth discussing the specifics with an attorney early.

Criminal Prosecution and Tolling

If the person who injured you has been criminally charged in connection with the incident — a DUI driver, for example — Georgia law may toll the civil statute of limitations during the pendency of the criminal prosecution. This provision exists to prevent defendants from using the criminal process as a shield against civil liability. It does not apply in every situation, and the mechanics of how it works depend on the specific facts of the case.

When Did the Clock Start? Discovery vs. Date of Injury

In most Georgia personal injury cases, the statute of limitations runs from the date of injury — not from when you discovered the injury or realized you had a claim. If you were hurt in a car accident in January, the two-year clock generally started in January. Medical malpractice and certain fraud-related claims follow different discovery rules, but for the majority of accident and negligence cases, the date of the incident is what controls. If you are unsure which date applies to your situation, that question alone is worth a phone call.