Georgia Statutes of Limitation for Injury and Wrongful Death, Plus Ante Litem Periods

Georgia Statutes of Limitation for Injury and Wrongful Death, Plus Ante Litem Periods. O.C.G.A. § 9-3-33 (2025): 'Except as otherwise provided in this article, actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year ... and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years.' Personal-injury suits are generally filed within two years (O.C.G.A. § 9-3-33). Call (470) 852-6328. Cooper Law publishes no case results.

Reviewed by Omar A. Cooper, Esq. · Last updated September 3, 2026

Private-party deadline: two years

When the clock starts

O.C.G.A. § 9-3-33 (2025): 'Except as otherwise provided in this article, actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year ... and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years.'

If a city vehicle or employee is involved, written ante litem notice must be presented to the city within six months stating time, place, extent of injury, the negligence claimed, and the specific amount of monetary damages sought (O.C.G.A. § 36-33-5).

Claims against a county must be presented within 12 months after they accrue or they are barred, with extra time after removal of disability for minors and persons under legal disability (O.C.G.A. § 36-11-1).

Georgia Tort Claims Act: written notice of a claim against the State must be given within 12 months of the date the loss was discovered or should have been discovered, mailed by certified mail or statutory overnight delivery (or delivered personally with receipt) to the Risk Management Division of DOAS, with a copy to the state entity (O.C.G.A. § 50-21-26(a)(1)–(2)). Courts have no jurisdiction unless notice is timely presented ((a)(3)).

Consortium four years

§ 50-21-26(a)(5) required contents (to the extent of claimant's knowledge): name of the state entity; time; place; nature of the loss; amount of the loss claimed; acts or omissions that caused the loss. No action may commence until DOAS denies the claim or 90 days elapse ((b)).

The Georgia Supreme Court held in Dept. of Public Safety v. Ragsdale, 308 Ga.

210 (2020), that the GTCA 12-month ante litem period is a condition precedent, not a statute of limitation, and is not tolled by O.C.G.A. § 9-3-99.

In Dates v. City of Atlanta (2025), the Georgia Supreme Court held that O.C.G.A. § 9-3-90(b) minor tolling does not extend the time to give municipal ante litem notice under § 36-33-5, because that notice is a condition precedent, not a statute of limitation.

The verified statutory points:

• **O.C.G.A. § 9-3-33** — Two years for injuries to the person; four years for loss of consortium.
• **O.C.G.A. § 36-33-5** — Six-month municipal ante litem.
• **O.C.G.A. § 36-11-1** — Twelve-month county presentment.
• **O.C.G.A. § 50-21-26** — Twelve-month GTCA notice to DOAS + the agency; jurisdictional.

City vehicles: six months, written, specific amount

§ 36-33-5 contents

Wrongful-death 'full value of the life' claims still run on the two-year personal-injury clock unless a more specific period applies; do not tell readers they have longer simply because the claim is labeled wrongful death. Confirm the applicable period with the file.

Not a lawsuit

County vehicles: 12 months

Present the claim; extra time for disability as the statute provides.

State vehicles and agencies: GTCA notice

Strict compliance. List the six content items.

Georgia law that applies

• O.C.G.A. § 9-3-33 — Two years for injuries to the person; four years for loss of consortium.
• O.C.G.A. § 36-33-5 — Six-month municipal ante litem.
• O.C.G.A. § 36-11-1 — Twelve-month county presentment.
• O.C.G.A. § 50-21-26 — Twelve-month GTCA notice to DOAS + the agency; jurisdictional.

Attorney advertising. This is general information about Georgia law, not legal advice for a particular person, and it does not create a lawyer-client relationship.

Related pages

Related Cooper Law pages:

• car accident lawyer
• wrongful death lawyer
• Atlanta car accident lawyer
• contact Cooper Law

Sources: O.C.G.A. § 9-3-33 (2025) - Justia · O.C.G.A. § 36-33-5 · O.C.G.A. § 36-11-1 · O.C.G.A. § 50-21-26 (2025) - Justia · Georgia Supreme Court - Dept. of Public Safety v. Ragsdale (S19G0422) · Dates v. City of Atlanta, Ga. Supreme Court 2025

The firm

Owner-confirmed: Omar A. Cooper, Esq.; 260 Peachtree St NW; (470) 852-6328. Attorney advertising disclaimer required.

Where these facts were opened

Each fact on this page was opened at the source listed in the verified brief. O.C.G.A. § 9-3-33 (2025) - Justia; O.C.G.A. § 36-33-5; O.C.G.A. § 36-11-1; O.C.G.A. § 50-21-26 (2025) - Justia; Georgia Supreme Court - Dept. of Public Safety v. Ragsdale (S19G0422); Dates v. City of Atlanta, Ga. Supreme Court 2025.

O.C.G.A. § 9-3-33 (2025): 'Except as otherwise provided in this article, actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year ... and except for. Opened at O.C.G.A. § 9-3-33 (2025) - Justia.

If a city vehicle or employee is involved, written ante litem notice must be presented to the city within six months stating time, place, extent of injury, the negligence claimed, and the specific amount of monetary damages sought (O.C.G.A. § 36-33-5). Opened at O.C.G.A. § 36-33-5.

Claims against a county must be presented within 12 months after they accrue or they are barred, with extra time after removal of disability for minors and persons under legal disability (O.C.G.A. § 36-11-1). Opened at O.C.G.A. § 36-11-1.

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