Most Georgia personal injury lawsuits must be filed within two years of the injury (O.C.G.A. § 9-3-33). Claims for damage to your vehicle and other personal property get four years (§ 9-3-31). If a city, county, or the state is responsible, written notice is due much sooner: 6 months for a city, 12 months for a county or the state. The clock can pause for children and while a related criminal case is pending.
The statute of limitations is the deadline to file a lawsuit. Miss it, and the claim is almost always gone for good, no matter how clear the other side's fault or how serious the injury. Insurance adjusters know the deadline too, and a claim that drags on in negotiation can run out of time without anyone saying a word.
Negotiating with an insurer does not stop the clock. Only filing a lawsuit (or, for government claims, giving proper written notice and then filing) protects your rights.
The general rule: two years
Under O.C.G.A. § 9-3-33, actions for injuries to the person "shall be brought within two years after the right of action accrues." For a car crash, fall, or dog bite, that is usually the date of the injury. That covers most car, truck, motorcycle, pedestrian, slip and fall, and dog bite claims.
The same section gives four years for loss of consortium claims (a spouse's claim for the effect of the injury on the marriage) and one year for injury to reputation.
Your vehicle and other property: four years
Claims for damage to personal property, such as your car, phone, or other belongings damaged in a crash, fall under O.C.G.A. § 9-3-31: "Actions for injuries to personalty shall be brought within four years after the right of action accrues." Most property damage claims settle much sooner, but the longer deadline can matter in a dispute. See our property damage guide.
Claims against the government: notice in 6 or 12 months
If a city truck hits you, a county road defect causes a crash, or a state vehicle is involved, Georgia requires written notice of the claim (called "ante litem" notice) long before the two-year lawsuit deadline:
- A city or town: within 6 months of the incident (O.C.G.A. § 36-33-5).
- A county: within 12 months (O.C.G.A. § 36-11-1).
- The State of Georgia or a state agency: within 12 months, to the Department of Administrative Services Risk Management Division (O.C.G.A. § 50-21-26).
Government notice: details that trip people up
The notice has specific content and delivery requirements, and a defective notice can bar the claim. Who maintains a road can be surprising: newer cities like Sandy Springs, Johns Creek, Dunwoody, Brookhaven, and Tucker took over streets that used to be county roads, which can change the deadline from 12 months to 6. Athens-Clarke County is a consolidated government, where it isn't settled on the face of the statutes whether the 6- or 12-month rule governs, so the safe course is to work to six months. If a government vehicle or road may be involved, talk to a lawyer right away.
When the clock pauses (tolling)
- Children: for someone under 18 when the claim arises, the limitation period generally runs from their 18th birthday (O.C.G.A. § 9-3-90), with exceptions in other statutes. A parent's own claims and government notice deadlines may not wait. See settling a child's injury claim.
- Legal incompetence: the same rule applies to a person legally incompetent because of intellectual disability or mental illness, running from when the disability is removed (§ 9-3-90).
- Crime victims: if the injury came from an alleged crime, O.C.G.A. § 9-3-99 tolls the limitation period from the date of the crime until the prosecution is final, up to six years. Whether it applies depends on who was charged and with what. This is complicated, and it is risky to rely on without advice.
Wrongful death and other special deadlines
Wrongful death claims have their own rules; see our article on the Georgia wrongful death filing deadline. Medical malpractice, claims involving childhood sexual abuse, and product claims also have separate statutes. If your case involves any of these, get advice early.
Why you shouldn't wait until month 23
- Evidence fades: surveillance video is overwritten, vehicles are repaired or scrapped, and witnesses move.
- A lawsuit takes preparation. Since 2025 Georgia gives plaintiffs only a short window to dismiss and refile, so a case should be ready when it's filed. See what happens when you file.
- Insurers sometimes slow negotiations near the deadline, knowing the pressure is on you.
- Some claims, like government claims, have deadlines you may not know apply.
Georgia injury deadlines at a glance
| Claim | General deadline | Law |
|---|---|---|
| Personal injury | 2 years | O.C.G.A. § 9-3-33 |
| Loss of consortium | 4 years | O.C.G.A. § 9-3-33 |
| Damage to a vehicle or other personal property | 4 years | O.C.G.A. § 9-3-31 |
| Notice to a city or town | 6 months | O.C.G.A. § 36-33-5 |
| Notice to a county | 12 months | O.C.G.A. § 36-11-1 |
| Notice to the State of Georgia | 12 months | O.C.G.A. § 50-21-26 |
Frequently Asked Questions
What is the statute of limitations for a car accident in Georgia?
Generally two years from the crash for injury claims (O.C.G.A. § 9-3-33) and four years for damage to your vehicle (§ 9-3-31). If a government vehicle or road is involved, written notice may be due in 6 or 12 months.
Does talking to the insurance company extend the deadline?
No. Negotiations, letters, and even a pending settlement offer do not stop the statute of limitations. Only filing suit protects the claim, unless the parties sign a written agreement that a lawyer has reviewed.
What if I didn't realize I was hurt until later?
For most injury claims the clock starts on the date of the injury, even if symptoms show up later. There are narrow exceptions in specific situations, so ask a lawyer rather than assuming one applies.
Does the clock stop if the other driver is charged with a crime?
It may. O.C.G.A. § 9-3-99 tolls the limitation period for the victim of an alleged crime until the prosecution ends, up to six years. Whether it applies to your situation depends on the facts, so don't rely on it without advice.
Sources
- O.C.G.A. § 9-3-33 (injuries to the person)
- O.C.G.A. § 9-3-31 (injuries to personalty)
- O.C.G.A. § 9-3-90 (minors and incompetent persons)
- O.C.G.A. § 9-3-99 (tolling for crime victims)
- O.C.G.A. § 36-33-5 (notice of claim against a municipality)
- O.C.G.A. § 36-11-1 (claims against counties)
- O.C.G.A. § 50-21-26 (Georgia Tort Claims Act notice)
This guide is general information about Georgia law as of October 29, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Talk to a lawyer about your situation before you rely on a deadline or rule described here.