Georgia Statute of Limitations for Civil Cases

Jurisdiction: Georgia

Georgia Statutes of Limitations for Civil Cases

Understanding Georgia's statutes of limitations is essential for both plaintiffs seeking recovery and defendants asserting an affirmative defense. Georgia organizes its limitation periods by cause of action, with specific deadlines established in the Official Code of Georgia Annotated (O.C.G.A.). Missing a deadline typically results in dismissal of your claim, so precise calculation is critical.

Personal Injury

Limitation Period: 2 years

Statute: O.C.G.A. § 34-6-2

Clock Starts: The statute begins running when the injury occurs, not when the plaintiff discovers the injury. This distinction is crucial because Georgia's discovery rule (discussed below) provides limited exceptions.

Personal injury claims encompass bodily harm from negligence, assault, battery, and similar torts. The two-year window is relatively short compared to other states, making prompt action essential. If you slip and fall on someone's property on January 15, 2024, you must file suit by January 15, 2026, or lose your claim entirely.

Breach of Written Contract

Limitation Period: 6 years

Statute: O.C.G.A. § 15-2-3

Clock Starts: When the breach occurs. For installment contracts, each missed payment may trigger a separate limitations period for that particular installment.

Written contracts receive more generous time limits than personal injury claims. A written contract includes any agreement documented in writing—purchase agreements, employment contracts, service agreements, and lease terms. If a contractor fails to complete work promised under a written agreement in March 2024, the property owner has until March 2030 to sue for breach.

Breach of Oral Contract

Limitation Period: 4 years

Statute: O.C.G.A. § 15-2-2(b)

Clock Starts: When the breach occurs.

Oral contracts receive shorter protection than written ones, reflecting Georgia's policy favoring documented agreements. The distinction matters significantly: a handshake deal for services has only four years, while the same deal in writing has six. This highlights why memorializing agreements in writing protects all parties.

Fraud

Limitation Period: 4 years

Statute: O.C.G.A. § 15-2-2(c)

Clock Starts: Generally when the fraud is discovered, not when it occurs. This application of the discovery rule is Georgia's most plaintiff-friendly exception to the "clock starts at injury" rule.

Fraud claims receive special treatment because victims may not immediately recognize they were deceived. If someone sells you a vehicle with a rolled-back odometer, the limitations period typically begins when you learn (or reasonably should have learned) about the deception, not on the sale date.

Property Damage

Limitation Period: 4 years for damage to property; 5 years if involving a dwelling

Statute: O.C.G.A. § 15-2-2(a) for personal property; O.C.G.A. § 34-6-2 for realty involving injury/damage to real property

Clock Starts: When the damage occurs or is discovered, depending on the discovery rule application.

Property damage claims follow a four-year window for personal property (a damaged car, destroyed equipment) and sometimes longer for real property matters. If a contractor negligently damages your home's foundation in June 2024, you typically have until June 2028 to sue, though immediate discovery may affect this timeline.

Medical Malpractice

Limitation Period: 2 years from discovery of injury; however, a repose period of 4 years from the negligent act applies, with limited exceptions

Statute: O.C.G.A. § 34-6-2(d)

Clock Starts: Generally when the patient discovers (or reasonably should discover) the injury caused by malpractice, but never longer than 4 years from the negligent act itself.

Georgia's medical malpractice statute contains a critical absolute bar: even if you don't discover the injury until year 5, you cannot sue if more than 4 years have passed since the negligent act. Exceptions exist for:

  • Foreign objects left in the body (no repose period)

  • Fraudulent concealment by the healthcare provider (tolls the 4-year repose)

  • Minority of the plaintiff (tolling applies)

    • This means a surgeon's negligent error on January 1, 2024, creates an absolute deadline of January 1, 2028, unless one of these narrow exceptions applies. If a foreign object (surgical sponge, instrument) was left inside a patient, the repose period doesn't apply, but the plaintiff must still prove reasonable discovery timing.

    Wrongful Death

    Limitation Period: 2 years

    Statute: O.C.G.A. § 34-6-2

    Clock Starts: From the date of death, not the date of injury causing death.

    Wrongful death actions—brought by representatives of a deceased person's estate—follow the same two-year personal injury timeline but measured from the death date. If someone dies in a car accident on March 10, 2024, the personal representative has until March 10, 2026, to file suit. This timing is often tight because estate administration takes time.

    Defamation, Libel, and Slander

    Limitation Period: 1 year

    Statute: O.C.G.A. § 34-1-2

    Clock Starts: When the defamatory statement is published or communicated to a third party.

    Defamation claims have Georgia's shortest statute of limitations. If false and damaging statements about your reputation are made in January 2024, you have only until January 2025 to file suit. This compressed timeline reflects the belief that reputation issues must be addressed quickly. Online posts, social media, and published articles all start the clock upon publication.

    Trespass

    Limitation Period: 4 years

    Statute: O.C.G.A. § 15-2-2(a)

    Clock Starts: Each act of trespass may start a new limitations period. Continuing trespass (like ongoing encroachment on land) may trigger repeated periods.

    Trespass to real property receives four years. If someone builds a fence that encroaches on your property line beginning May 2024, you have until May 2028 to sue. However, if the trespass is ongoing and continuous, courts may view each day as a separate tort, potentially extending enforcement opportunities.

    Debt Collection and Promissory Notes

    Limitation Period: 6 years for written obligations; 4 years for oral promises to pay

    Statute: O.C.G.A. § 15-2-3 (written); O.C.G.A. § 15-2-2(b) (oral)

    Clock Starts: When the debt becomes due or the payment obligation is missed.

    A promissory note or written loan agreement has six years from default. An oral promise to repay money has only four years. Importantly, partial payment or acknowledgment of the debt may restart (toll) the limitations period, making any payment on an old debt a strategic decision.

    Discovery Rule and Delayed Accrual

    Georgia recognizes the discovery rule in limited contexts:

    O.C.G.A. § 34-6-2(c) applies when injury is not immediately apparent. The statute begins running when the plaintiff discovers (or reasonably should discover) the injury and its causal connection to the defendant's conduct, not when the negligent act occurred.

    Common examples:

  • Fraud: Limitations period runs from discovery of deception

  • Occupational disease: Runs from when worker knew or should have known of the disease's connection to work

  • Medical malpractice: As discussed above, runs from discovery but capped at 4 years

    • The discovery rule is narrow in Georgia. Courts require that the plaintiff actually discover (or reasonably should discover with reasonable diligence) both the injury and its cause. Courts will not extend deadlines for plaintiffs who ignore obvious warning signs.

    Tolling Provisions

    Tolling—pausing or extending the limitations period—applies in Georgia under specific circumstances:

    Minority (Youth)

  • O.C.G.A. § 34-6-2(a): If the plaintiff is under 18 at the time the cause of action accrues, the limitations period doesn't run until they turn 18. A child injured at age 10 doesn't begin the two-year personal injury clock until age 18, giving them until age 20 to sue.

    • Mental Incapacity

  • O.C.G.A. § 34-6-2(a): If a plaintiff is mentally incompetent (adjudicated or unable to understand the need to sue), the clock pauses. This requires clear evidence of incapacity and may require court involvement.

    • Absence from Georgia

  • O.C.G.A. § 34-6-2(b): If the defendant is absent from Georgia (no agent for service available), the time absent doesn't count toward the limitations period. However, this applies only if the plaintiff cannot locate the defendant despite reasonable efforts.

    • Military Service

  • O.C.G.A. § 34-6-2(e): Federal Servicemembers Civil Relief Act tolls Georgia statutes during active military service plus 180 days after discharge. This federal statute applies alongside Georgia law.

    • Fraudulent Concealment

  • In medical malpractice cases, fraudulent concealment by a healthcare provider can toll the absolute 4-year repose period.

    • What Happens When You Miss the Deadline

    Missing a Georgia statute of limitations deadline is typically fatal to your claim:

  • Dismissal without prejudice or with prejudice: Once the limitations period expires, the defendant can file a motion to dismiss under O.C.G.A. § 34-1-2(a) or similar provisions. The court will grant dismissal, usually with prejudice, meaning you cannot refile the same claim.

  • No equitable exceptions: Georgia courts rarely excuse missed deadlines based on "I didn't know about the deadline" or "the deadline was unfair." Diligence is required.

  • Appeal unlikely to help: Appellate courts will not overturn a statute of limitations dismissal unless the trial court misapplied the law to the facts.

    • Practical Advice for Calculating Accurately

    1. Identify the correct cause of action: The limitations period depends on your legal theory. If a contractor's work causes both property damage and personal injury, different timelines may apply.

    2. Determine when the clock starts: Distinguish between when the negligent act occurred versus when you discovered (or should have discovered) the injury. For fraud and occupational disease, discovery controls.

    3. Check for tolling: Verify whether the plaintiff was a minor, mentally incapacitated, or the defendant was absent from Georgia. Document these facts.

    4. File before the deadline, not on it: Filing on the deadline's last day is risky; courts are often closed, and electronic filing systems may fail. File at least 2-3 business days early.

    5. Calculate from dates carefully: A cause of action accruing January 15, 2024, gives you until January 15, 2026 (two years later, same date), for a two-year claim. Don't assume "two years" means 730 days.

    6. Consider tolling agreements: Parties sometimes agree to extend a limitations period. These must be documented in writing and clearly state the new deadline.

    7. Keep detailed records: Document when you discovered the injury, when you learned of the defendant's identity, and when you first consulted an attorney. These facts matter for discovery rule disputes.

    Key Takeaways

  • Georgia uses multiple limitation periods ranging from 1 to 6 years depending on the cause of action; personal injury and wrongful death claims have the shortest window at 2 years.

  • Medical malpractice includes an absolute 4-year repose period from the negligent act, with only narrow exceptions for foreign objects and fraudulent concealment.

  • The discovery rule applies narrowly in Georgia and generally requires actual or reasonable discovery of both the injury and its cause, not merely that injury occurred.

  • Tolling pauses the clock only for minority, mental incapacity, defendant's absence from Georgia, and military service; most other equitable arguments do not apply.

  • Missing the deadline results in dismissal, typically with prejudice, and is rarely reversed on appeal; careful calendar management and early filing are essential to protecting your claim.

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