"Statutes of limitations" are laws that set time limits on how long you have to file a "civil" lawsuit, like a personal injury lawsuit, or how long the state has to prosecute someone for committing a crime. These time limits usually depend on the legal claim or crime involved in the case, and they're different from state to state. For example, in some states you may have three years to file a personal injury lawsuit after you were hurt in car accident, but in other states you may have two years. As a general rule:
- The time period begins to run on the date your claim arises or "accrues," like the day of the car accident, or when a crime is committed, and
- Once the statute of limitations has expired or "run," you can't file a lawsuit (or be prosecuted for a crime)
Below are the statutes of limitations in Georgia for various civil claims and crimes. The list doesn't cover everything. Also, the laws may change at anytime, so be sure to check the current laws and read them carefully, or talk to an attorney if you have any questions.
Civil
Note: Most of the civil statutes of limitations are in Title 9, Chapter 3, Article 2 of the Georgia Code. You need to use the links or run a word search on the page provided to see the Code sections noted below. Also, you can scroll through the laws in Article 2 and in nearby Articles to find the statute of limitations for civil claims or "causes of action" not listed below.
Description |
Statute
|
Assault and Battery, 2 years |
Ga. Code Ann. § 9-3-33 |
Contract (in writing), 6 years |
Ga. Code Ann. § 9-3-24 |
Contract (oral or not in writing), 4 years |
Ga. Code Ann. § 9-3-26 |
False Imprisonment, 1 year |
Ga. Code Ann. § 9-3-33 |
Fraud, 1 year |
Ga. Code Ann. § 9-3-33 |
Enforcing Court Judgments, 7 years |
Ga. Code Ann. § 19-12-60 |
Legal Malpractice, 4 years |
Ga. Code Ann. § 9-3-26 |
Libel, 1 year |
Ga. Code Ann. § 9-3-33 |
Medical Malpractice, 2 years |
Ga. Code Ann. § 9-3-71 |
Personal Injury, 2 years |
Ga. Code Ann. § 9-3-33 |
Product Liability, 2 years |
Ga. Code Ann. § 9-3-33 |
Property Damage, 4 years |
Ga. Code Ann. § 9-3-31 |
Slander, 1 year |
Ga. Code Ann. § 9-3-33 |
Trespass, 4 years |
Ga. Code Ann. § 9-3-30 |
Wrongful Death, 2 years |
Ga. Code Ann. § 9-3-33 |
Criminal
Note: Generally, Georgia criminal statute of limitations are in Title 17, Chapter 3 of the Georgia Code. You need to use the links or run a word search on the page provided to see the Code sections noted below. Also, you can scroll through the criminal laws (found in Title 16) to find crimes not listed below, and then use Title 17, Chapter 3 to find the statutes of limitations for those crimes.
Description |
Statute
|
Arson, 4 years |
Ga. Code Ann. § 17-3-1(c) |
Assault and Battery, 2 or 4 years (Depending on the facts of the case) |
Ga. Code Ann. § 17-3-1(c) or (d) |
Burglary, 4 years |
Ga. Code Ann. § 17-3-1(c) |
Disorderly Conduct, 2 years |
Ga. Code Ann. § 17-3-1(d) |
Kidnapping, No time limit or 4 years (Depending on the facts of the case) |
Ga. Code Ann. § 17-3-1(a) or (c) or (c.1) |
Manslaughter, voluntary, 4 years |
Ga. Code Ann. § 17-3-1(c) |
Manslaughter, involuntary, 4 years |
Ga. Code Ann. § 17-3-1(c) |
Murder, No time limit |
Ga. Code Ann. § 17-3-1(a) |
Rape, 15 years |
Ga. Code Ann. § 17-3-1(b) |
Receiving Stolen Property, 2 or 4 years (Depending on the facts of the case) |
Ga. Code Ann. § 17-3-1(c) or (d) |
Robbery, 4 years |
Ga. Code Ann. § 17-3-1(c) |
Theft, 2 or 4 years (Depending on the facts of the case) |
Ga. Code Ann. § 17-3-1(c) or (d) |