Georgia's Statute of Limitations
Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.
Wrongful Death
A cause of action for wrongful death accrues on the date of death and must be brought within two years of that date.
Personal Injury Actions
Personal Injury Actions must be brought within two years of the date that the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred. If a person was unable to discover his injury during this time, the limitations period will be extended. In no event, however, can a person bring a medical malpractice action after five years from the date that the act giving rise to the injury occurred. All minors who have reached the age of five years old are subject to these time limitations. A minor who has not reached five years of age has two years from the date of the minor’s fifth birthday to bring a medical malpractice action if the cause of action arose before he or she reached age five. A medical malpractice action cannot be brought by or on behalf of a minor after the minor’s tenth birthday if the minor was under five on the date the injury occurred. A medical malpractice action cannot be brought by or on behalf of a minor after five years from the date on which the injury occurred if the minor was five or older on the date of the injury.
Medical Malpractice Actions Based on a Foreign Object Left In Body
In cases where a health-care provider leaves an object in a person's body, that person has one year from the date that the wrongful act was discovered to file suit.
Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury.
Special Rules for Minors
Except in cases of medical malpractice or wrongful death, the limitations periods begin to run on the minor’s 18th birthday.
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Please note: State law information collected from LexisNexis™ electronic database in 2005. All of our lawyers are licensed to practice in the state of Pennsylvania. We also have lawyers licensed to practice in Ohio, and West Virginia and we associate with experienced attorneys in other states.
The materials at this web site have been prepared by our Law Firm for information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. These materials do not, and are not, intended to constitute legal advice. Readers should not act upon this information without seeking professional counsel. The information provided at this site is subject to change without notice. Although we try to keep our site current and accurate, you should not rely on this information or its applicability to any specific circumstances without speaking with an attorney.
