The law that sets the clock on every personal injury claim in Georgia. Miss it and even the strongest case is gone for good — so here’s what it says, when the clock starts, and the exceptions that quietly change the math.
OCGA § 9-3-33 gives you, in most cases, two years from the date of injury to file a personal injury lawsuit in Georgia. File even one day late and the court will almost certainly throw the case out — permanently.
A “statute of limitations” is a hard deadline. It is not about when you settle, when you finish treatment, or when the insurance company stops returning your calls — it is the last day you can file a lawsuit in court. Once it passes, the defendant can ask the judge to dismiss the case, and the judge will, no matter how clearly the other side was at fault.
For the typical car crash, slip and fall, or other injury, that window is two years. But several situations shorten it dramatically or extend it, and the most dangerous trap — claims involving a city, county, or state — can require written notice in as little as six months. That is why the date of your injury should start a clock in your mind, not just on a calendar.
Georgia’s statutes are public law, so here is the operative language of the statute itself.
Except as otherwise provided in this article, 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.
Note: a claim “accrues” when you have the legal right to sue — usually the date the injury occurs. “Loss of consortium” is a spouse’s separate claim for the loss of companionship and support caused by the injury.
This is the rule that governs the vast majority of injury cases — car and truck wrecks, motorcycle crashes, premises injuries, and similar claims. The two-year period almost always runs from the date of the injury itself. The lawsuit must be filed with the court within those two years; simply having a lawyer or an open insurance claim does not stop the clock.
Claims like libel and slander get a much shorter one-year window. These are not typical personal injury claims, but the statute groups them here, and the compressed deadline catches people off guard.
A spouse’s claim for loss of consortium — the loss of companionship, services, and intimacy that results from the injured partner’s harm — carries a longer four-year deadline. It is a separate claim with its own clock, which is easy to overlook when focused on the injured person’s two-year deadline.
The two-year rule is the starting point, not the whole story. These are the deadlines that most often change the outcome — some buy time, others run out far sooner than people expect.
| Situation | Deadline (general) |
|---|---|
| Most personal injury (crashes, falls) | 2 years from injury |
| Loss of consortium (spouse’s claim) | 4 years |
| Property damage (e.g. your vehicle) | 4 years (OCGA § 9-3-32) |
| Injured person is a minor | Often tolled until adulthood (OCGA § 9-3-90) |
| Medical malpractice | 2 years, with a 5-year outer limit (OCGA § 9-3-71/-73) |
| Claim against a city | Ante litem notice in 6 months (OCGA § 36-33-5) |
| Claim against a county | Ante litem notice in 12 months (OCGA § 36-11-1) |
| Claim against the State of Georgia | Ante litem notice in 12 months (OCGA § 50-21-26) |
If a government vehicle, road defect, or public entity is involved, you usually must serve a formal written ante litem notice long before the two-year suit deadline — as little as six months for a city. Miss that notice and the claim can be barred even though two full years never passed. When any government entity might be involved, the safe assumption is that your real deadline is much sooner.
There are also doctrines that can extend a deadline — the “discovery rule” for certain injuries that could not reasonably have been found right away, tolling while an injured person is a minor or legally incapacitated, and Georgia’s renewal statute (OCGA § 9-2-61), which can allow a dismissed case to be refiled within six months. These are narrow and fact-specific; none of them should be assumed without a lawyer confirming they apply.
No. The deadline is to file a lawsuit, not to reach a settlement. Negotiations with an insurer do not pause the clock. If the two years run out while you are still talking, you generally lose the right to sue — and your leverage to settle along with it.
Usually not. The clock typically starts on the date of the injury, even if you are still treating two years later. Waiting until you are “done healing” to call a lawyer is one of the most common ways people miss the deadline.
Not when a government entity is involved. Cities, counties, and the State require an ante litem notice months earlier — six months for a city. Assuming you have the full two years against a public defendant is a costly mistake.
This page explains Georgia law in general terms and is not legal advice; reading it does not create an attorney-client relationship. Statutory text is summarized for readability — consult the official Georgia Code for the complete, authoritative version. Deadlines vary with the facts and can be far shorter than two years, so speak with a licensed Georgia attorney about your specific situation as soon as possible.
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