Georgia

Advocacy

Georgia Advocacy Office, Inc.
100 Crescent Center Parkway, #520, Tucker, GA 30084
Phone (404) 885-1234
Toll Free (800) 537-2329

Funding

Dept. of Human Resources Division of Mental Health/Mental Retardation/Substance Abuse
2 Peachtree Street NW, Suite 22-224, Atlanta, GA 30303
Phone (404) 657-2252

Dept. of Human Resources Division of Rehab Services
2 Peachtree Street NW, Suite 35-403, Atlanta, GA 30303
Phone (404) 657-3000
Brain & Spinal Injury Trust Fund Commission
2 Peachtree Street NW, Suite 26-426, Atlanta, GA 30303
Phone (404) 651-5112
Chairman Chase Jones

Support

Brain Injury Association of Georgia
Office: 1441 Clifton Road NE, #228, Atlanta, GA 30322 Mailing: P.O. Box 2817, Woodstock, GA 30188
Phone (404) 712-5504
Toll Free 800-444-6554
Fax (770) 924-4831
Website http://www.braininjurygeorgia.org/
Email [email protected]
Chair Michelle C. LaPlaca, Ph.D.

Statute of Limitations and Repose

How to use this list of Georgia Statutes of Limitations and Repose

  • “General Tort” is the statute of limitations for most personal injury or negligence claims (e.g., car accidents, slip and fall, general liability).
  • “Medical Malpractice is the statute of limitations for lawsuits against healthcare providers and hospitals for alleged negligence or errors in medical care.  The phrase “from act/omission” = Time starts from the date of the alleged malpractice. The phrase “from discovery” = Time starts from when the injury was discovered or should have been discovered. The medical malpractice statute of repose is an absolute deadline after the act of malpractice, regardless of when the injury is discovered. After this period, no claim can be brought, even if the injury was not discovered until later.
  •  “Products Liability”is the statute of limitations for claims involving injuries caused by defective or dangerous products. The products liability statute of repose is the maximum time after the product was manufactured, sold, or delivered that a lawsuit may be filed, regardless of when the injury occurred or was discovered.
  • “Workers’ Compensation” is statute of limitations for filing a workers’ compensation claim for work-related injuries or occupational diseases.  The following phrases apply: “from injury” = Time starts from the date of the injury; “from last payment” = Time starts from the date of the last payment; “from knowledge/discovery” = Time starts from when the injury or occupational disease was, or should have been, discovered; “from first symptom” = For occupational diseases, time starts from first manifestation of symptoms; and “from act/discovery” = Whichever is later, the date of the act or the date the injury was discovered.
  • Each entry includes the relevant statute citation for your further research or verification. And “N/A” means that there is no statute of repose or not applicable for that claim type in that state.

Remember that statute of limitations and repose can change, so it is essential to:

  • Confirm the current law as soon as possible.
  • Remember that there is no substitute for consulting an experienced attorney on a potential legal matter as soon as possible.
  • Remember that the facts of the case can alter or change the Statutes of Limitations.

General Tort: Ga. Code Ann. § 9-3-33 (2 years)

Medical Malpractice: Ga. Code Ann. § 9-3-71 (2 years from injury/discovery, 5 years repose)

Products Liability: Ga. Code Ann. § 9-3-33 (2 years); Ga. Code Ann. § 51-1-11(b)(2) (10 years repose)

Workers’ Comp: Ga. Code Ann. § 34-9-82(a) (1 year from injury/2 years from last payment)