Deadlines to File an Injury Lawsuit in Georgia

A lawsuit for injuries to the person must be filed within two years after the right of action accrues. Injuries to reputation have one year, and loss-of-consortium claims have four years.

A lawsuit to recover personal property, or for damages for its conversion or destruction, must be filed within four years after the right of action accrues.

A medical malpractice lawsuit must be filed within two years after the date the injury or death occurred, and never more than five years after the negligent or wrongful act (a statute of repose). A separate section (§ 9-3-73) sets special rules, which still apply.

State: before suing the State under the Georgia Tort Claims Act, written notice must be given within 12 months after the loss was or should have been discovered, by certified mail or personal delivery to the Risk Management Division of the Department of Administrative Services, with a copy to the agency involved; recovery is capped at $1 million per person per occurrence and $3 million total per occurrence. Cities: a written claim stating the time, place and extent of the injury, the negligence and a specific dollar amount must be presented to the city's governing authority within six months of the event. Counties: claims must be presented within 12 months after they accrue.