How long do you have to sue after an injury in Georgia?

Last checked November 8, 2026

In Georgia you generally have 2 years from the date of your injury to file a lawsuit, under O.C.G.A. § 9-3-33. If a city, county or the state is responsible, the deadline can be much shorter: 12 months.

Calculate your deadline

Georgia injury deadlines at a glance

SituationDeadlineLaw
Most injuries, including car accidents2 yearsO.C.G.A. § 9-3-33
Claim against the government (Claims against the State)12 monthsO.C.G.A. § 50-21-26(a)(1)
After the government claim6 monthsO.C.G.A. § 36-33-5(b)
After the government claim12 monthsO.C.G.A. § 36-11-1

What the law says

“actions for injuries to the person shall be brought within two years after the right of action accrues”

O.C.G.A. § 9-3-33

“Notice of a claim shall be given in writing within 12 months of the date the loss was discovered or should have been discovered”

O.C.G.A. § 50-21-26(a)(1)

When does the clock start?

Usually on the day you were hurt. In Georgia, O.C.G.A. § 9-3-33 sets the period. If an injury was discovered later, or the injured person is a minor, the date can change. Confirm it with a lawyer.

What does not stop the clock

Talking to an adjuster, having an open insurance claim or still being in treatment usually does not stop the deadline to sue. Filing the lawsuit on time or reaching a settlement does.

What happens if you miss it?

Usually the court dismisses the case and you lose the right to be paid, even if your claim is strong. That is why it helps to talk to a lawyer well before the date.

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Other states with the same deadline

Sources

  1. O.C.G.A. § 9-3-33, Official text, 2026-11-08
  2. O.C.G.A. § 50-21-26(a)(1), Official text, 2026-11-08
  3. O.C.G.A. § 36-33-5(b), Official text, 2026-11-08
  4. O.C.G.A. § 36-11-1, Official text, 2026-11-08

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