Hawk Law Group | June 16, 2025 | Georgia Law
Every legal case in Georgia operates under strict time limits known as statutes of limitations. These deadlines determine how long you have to file a lawsuit or how long the state has to prosecute criminal charges. Missing these deadlines can permanently bar your legal claim, making it vital to understand Georgia’s specific time limits for different types of cases.
At Hawk Law Group, our attorneys have successfully handled cases throughout the Central Savannah River Area for over 71 years. We’ve seen clients lose valuable claims simply because they waited too long to seek legal help. This comprehensive guide explains Georgia’s statute of limitations laws to help you protect your rights.
If you’re unsure how much time you have left, contact us today for a free consultation. Our experienced Georgia attorneys will evaluate your case, explain your timeline, and take immediate action to protect your rights.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum period during which legal proceedings can be initiated. These time limits serve several important purposes:
- Ensuring evidence remains fresh and witnesses’ memories are reliable
- Providing certainty for potential defendants about when they can no longer be sued
- Encouraging prompt resolution of legal disputes
- Preventing stale claims from clogging the court system
Why It Matters in Georgia Legal Proceedings
Georgia’s statutes of limitations are strictly enforced by the courts. Once the deadline passes, your case will typically be dismissed, regardless of its merits. This harsh reality makes knowing these time limits essential for anyone considering legal action in Georgia.
⚖️ These time limits exist to ensure fairness, keep evidence fresh, and encourage timely justice. Courts enforce them strictly—even if your case has merit.
Hypothetical scenario: A person injured in a car accident in Augusta on January 15, 2023, initially feels fine but develops chronic back pain months later. If they don’t file their personal injury lawsuit by January 15, 2025, their claim will be time-barred under Georgia’s two-year statute of limitations.
How the Clock Starts (Accrual Date and Exceptions)
The statute of limitations “clock” typically begins ticking when:
- The incident occurs (for most personal injury cases)
- The injury is discovered (under the discovery rule)
- The contract is breached (for contract disputes)
- The crime is committed (for criminal cases)
However, Georgia law includes several exceptions that can pause or extend these deadlines, which we’ll explore in detail below.
Georgia Civil Statute of Limitations
Georgia’s civil statutes of limitations vary significantly depending on the type of claim. Here are the most common deadlines affecting residents in Augusta, Evans, Thomson, Waynesboro, and throughout the CSRA:
| Case Type | Time Limit | Georgia Code Section |
|---|---|---|
| Personal Injury | 2 years | O.C.G.A. § 9-3-33 |
| Medical Malpractice | 2 years (+ 5-year repose) | O.C.G.A. § 9-3-71 |
| Property Damage | 4 years | O.C.G.A. § 9-3-32 |
| Breach of Contract (Written) | 6 years | O.C.G.A. § 9-3-24 |
| Breach of Contract (Oral) | 4 years | O.C.G.A. § 9-3-24 |
| Defamation | 1 year | O.C.G.A. § 9-3-33 |
Personal Injury – 2 Years (§ 9-3-33)
Georgia law gives injury victims two years from the date of injury to file a personal injury lawsuit. This applies to:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall incidents
- Dog bite injuries
- Premises liability claims
- Wrongful death
⚠️ Important Note: The two-year deadline applies even if you’re still receiving medical treatment or negotiating with insurance companies.
Many people begin with an insurance claim before filing a lawsuit. To better understand the difference between the two, see our guide on filing a claim vs. a lawsuit.
Medical Malpractice – 2 Years (+5-Year Repose) (§ 9-3-71)
Medical malpractice cases in Georgia face a dual deadline system:
- 2 years from when the patient discovers (or should have discovered) the malpractice
- 5 years maximum from the date of the medical treatment (statute of repose)
This means that even if you discover medical negligence after five years, you cannot file a lawsuit in Georgia.
Hypothetical Scenario: A doctor performs surgery on a patient in Augusta on March 1, 2020. The patient discovers in 2024 that the doctor left a surgical instrument inside during the procedure. Even though the discovery was recent, the patient cannot sue because the five-year statute of repose has expired.
Property Damage – 4 Years (§ 9-3-32)
Property damage claims must be filed within four years of when the damage occurred. This includes:
- Vehicle damage from accidents
- Damage to real estate
- Destruction of personal property
- Construction defects
Breach of Contract – 4 Years (Oral) / 6 Years (Written) (§ 9-3-24)
Contract disputes have different deadlines based on whether the agreement was oral or written:
- Written contracts: 6 years from the breach
- Oral agreements: 4 years from the breach
Business Impact: A construction company in Evans hired a contractor under a written agreement to complete work by December 2020. When the contractor failed to deliver, the company had until December 2026 to file a breach of contract lawsuit.
Fraud, Defamation, Trespass & Other Civil Claims
Several civil claims have unique time limits:
- Fraud: 4 years from discovery (with reasonable diligence)
- Defamation (libel/slander): 1 year from publication
- Trespass to land: 4 years from the trespass
- Professional malpractice (non-medical): 4 years from discovery
Concerned You Missed a Deadline? Contact our Aiken personal injury lawyer today for a free consultation to review your case.
Georgia Criminal Statute of Limitations
Criminal cases also face time limits, though these protect defendants from being prosecuted long after alleged crimes occurred. Georgia’s criminal statutes of limitations include:
Misdemeanors – 2 Years
Most misdemeanor charges in Georgia must be brought within two years of the alleged offense. This includes:
- Simple assault
- Theft by shoplifting (under $1,500)
- Criminal trespass
- Disorderly conduct
- Minor drug possession charges
⚠️ Georgia law tolls limitations for children and those deemed legally incompetent. But once protection ends, the standard clock resumes—don’t miss your window.
For misdemeanor cases initiated by citation, the prosecution is considered commenced when the citation is signed by a judge or clerk and personally served, according to the Georgia Attorney General’s interpretation.
Felonies – 4 Years (General), 7 Years (Sex Offenses, Child Victims)
Georgia’s felony statute of limitations varies:
- Most felonies: 4 years from the commission of the crime
- Sexual offenses involving children: 7 years from the victim’s 16th birthday or when reported to authorities
- Armed robbery, kidnapping, rape: 15 years
- Crimes against children under 14: Until the victim turns 23
Murder – No Limitation
There is no statute of limitations for murder in Georgia. Prosecutors can bring murder charges at any time, regardless of how much time has passed.
Sex Crimes & DNA Evidence Exceptions
Recent changes to Georgia law allow prosecution of certain sex crimes when:
- DNA evidence identifies the perpetrator
- The crime was reported to law enforcement within 7 years
- No statute of limitations applies if DNA evidence conclusively identifies the defendant
Facing Criminal Charges? Contact us and ask our Georgia criminal lawyers about statute protections and your defense options.
Exceptions and Tolling Rules in Georgia
Georgia law recognizes several situations where the statute of limitations can be paused (“tolled”) or extended. These exceptions can be case-savers for clients who might otherwise be time-barred.
When the Defendant Leaves the State
If a defendant leaves Georgia after committing a tort or crime, the statute of limitations stops running until they return. This prevents defendants from avoiding liability by simply leaving the state.
Practical Application: If someone causes a car accident in Thomson and immediately moves to Florida, the two-year personal injury statute of limitations is paused until they return to Georgia or can be served with legal process.
Minor Victims or Mentally Incapacitated Parties
Special protections exist for vulnerable plaintiffs:
- Minors: The statute of limitations doesn’t begin until the victim turns 18
- Mental incapacity: Time limits are tolled during periods of legal incapacity
- Childhood sexual abuse: Extended deadlines allow victims to file claims up to age 23
Discovery Rule for Medical & Product Defects
The “discovery rule” applies when:
- Medical malpractice isn’t immediately apparent
- Product defects cause delayed injuries
- Fraud is concealed from the victim
Under this rule, the statute of limitations begins when the victim discovers or reasonably should have discovered the injury and its cause.
Tolling for Government Employee Misconduct
When government employees commit wrongful acts, special tolling rules may apply, particularly in cases involving:
- Police misconduct
- Civil rights violations
- Government cover-ups
These exceptions are complex and fact-specific. Our lawyer will review your situation to determine if any tolling provisions apply to your claim.
Special Rules for Government Claims
Suing government entities in Georgia requires following strict procedural rules beyond normal statutes of limitations.
💡 Medical device failures, misdiagnoses, and concealed frauds can trigger discovery-rule exceptions. But courts scrutinize timing strictly. Delay weakens your case.
Ante Litem Notice – 6 Months (City/County)
Before filing a lawsuit against a city or county in Georgia, you must:
- Provide written notice within 6 months of the incident
- Detail the claim and circumstances
- Specify damages sought
- Allow the government to investigate and respond
12 Months (State of Georgia)
Claims against the State of Georgia require:
- Written notice within 12 months of the incident
- Detailed description of the claim
- Opportunity for the state to investigate
Required Notices & Filing Procedures
Government claims have additional requirements:
- Specific notice forms may be required
- Exact addresses for serving notice
- Particular language describing the claim
- Proof of delivery must be maintained
Example: A pedestrian injured by a city bus in Augusta must provide written notice to the city within 6 months, even though the personal injury statute of limitations is 2 years. Failure to provide proper notice can bar the entire claim.
Frequently Asked Questions
How long do I have to file a lawsuit in Georgia?
The time limit depends on your type of case:
- Personal injury: 2 years
- Property damage: 4 years
- Written contracts: 6 years
- Medical malpractice: 2 years (with 5-year maximum)
What is the statute of limitations for personal injury in Georgia?
Two years from the date of injury. This applies to car accidents, slip and falls, medical malpractice, and most other personal injury claims in Georgia.
Can the statute of limitations be extended in Georgia?
Yes, in certain circumstances:
- Tolling for minors until age 18
- Discovery rule for hidden injuries
- Defendant leaves the state
- Mental incapacity of the plaintiff
- Fraud or concealment by the defendant
How long does Georgia have to prosecute a felony?
- Most felonies: 4 years
- Serious violent crimes: 15 years
- Sex crimes against children: 7 years from victim’s 16th birthday
- Murder: No time limit
What happens if I miss the statute of limitations?
Your case will almost certainly be dismissed by the court. Once the deadline passes, you typically cannot recover compensation, regardless of how strong your case might be.
Contact Our Georgia Lawyers Before Time Runs Out
Time is your most valuable asset in any legal case. Every day that passes brings you closer to losing your right to seek justice and compensation. Don’t let arbitrary deadlines prevent you from holding wrongdoers accountable for the harm they’ve caused.
At Hawk Law Group, we’ve been protecting the rights of Georgia residents for over seven decades. Our attorneys understand the complexities of Georgia’s statute of limitations laws and the devastating consequences of missing critical deadlines.
We serve clients throughout the Central Savannah River Area, including:
- Augusta, GA
- Evans, GA
- Thomson, GA
- Waynesboro, GA
- Aiken, SC
📞We’re available 24/7 to discuss your case.
Remember: We work on a contingency fee basis for personal injury cases. You pay nothing unless we win your case.
Whether you’re dealing with a personal injury claim, considering a lawsuit, or facing criminal charges, time is not on your side. Schedule your consultation today or call us at 706-914-2591 for a free consultation and let our experienced attorneys protect your legal rights before it’s too late.