Statute of Limitations FAQs

In Georgia wrongful death cases, the statute of limitations under
O.C.G.A. § 9-3-33 runs from the date of death, not the date of the underlying accident or injury. This is known as the “death accrual rule” and has been consistently applied by Georgia courts. The estate’s separate claim for pre-death pain and suffering and medical expenses under
O.C.G.A. § 51-4-5 may have different accrual considerations. Contact HBLG immediately regardless of when the accident occurred.

The discovery rule, codified at O.C.G.A. § 9-3-96, provides that when fraud, concealment, or misrepresentation prevents a plaintiff from discovering their cause of action, the statute of limitations begins running only when the plaintiff discovers — or reasonably should have discovered — the claim. This exception is most commonly applied in medical malpractice cases involving retained foreign objects, in toxic tort cases involving gradual exposure, and in cases involving corporate fraud or cover-up of safety defects.

Yes, but with important restrictions. Governmental immunity — including official immunity under
O.C.G.A. § 36-92-2 — may limit or bar claims against government entities. Claims against cities and counties must be preceded by written ante litem notice under
O.C.G.A. § 36-33-5, typically within six (6) months of the incident. Claims against state agencies require ante litem notice within twelve (12) months under
O.C.G.A. § 50-21-26. Failure to provide timely ante litem notice is almost always fatal to a government claim. HBLG has experience navigating these complex government liability cases.

For personal injury claims (non-death),
O.C.G.A. § 9-3-33 provides a two-year statute of limitations running from the date of the injury. This covers traumatic brain injuries (TBIs), spinal cord injuries, amputations, severe burns, and other catastrophic injuries. If the injured person was mentally incapacitated as a result of the injury, tolling protections under
O.C.G.A. § 9-3-90 may apply. Do not assume you have more time — contact HBLG immediately for a free case evaluation.

Medical malpractice wrongful death cases are governed by both
O.C.G.A. § 9-3-71 (the medical malpractice statute of limitations) and
O.C.G.A. § 51-4-2 (wrongful death). Georgia courts have held that the two-year statute runs from the date of death. There is also a five-year statute of repose under
O.C.G.A. § 9-3-71(b) that can bar claims even if the two-year window has not expired. Medical malpractice cases also require a mandatory expert affidavit under
O.C.G.A. § 9-11-9.1 to be filed with or shortly after the complaint. Call HBLG now.

The general two-year statute of limitations under O.C.G.A. § 9-3-33 applies to wrongful death cases arising from truck accidents. However, time is even more critical in truck accident cases because critical evidence — electronic logging device (ELD) data, black box (ECM) data, driver qualification files, maintenance records, and dashcam footage — is routinely overwritten or destroyed. Federal FMCSA regulations may require carriers to preserve certain records, but spoliation of evidence is a real risk. HBLG sends immediate litigation holds and preservation demands the day we are retained. Do not wait.