Georgia law establishes a two-year statute of limitations for most personal injury cases, meaning you generally have two years from the date of injury to file a lawsuit. This timeline applies to motor vehicle accidents, slip-and-fall injuries, dog bites, workplace injuries, and many other negligence-based claims. The clock begins on the date of the accident or incident that caused your injury.



Missing this deadline has severe consequences. Once two years pass, Georgia courts will dismiss your case, regardless of evidence strength or injury severity. Insurance companies rely on injured plaintiffs running out of time, making early legal action essential.

Medical Malpractice: Two Different Deadlines You Must Understand

Medical malpractice cases in Georgia operate under a dual-deadline system fundamentally different from general personal injury claims. You must satisfy both deadlines—missing either one bars your claim permanently.

The statute of limitations is two years from when you discovered (or should have reasonably discovered) that a medical provider's negligence caused your injury. However, the statute of repose is a completely separate, absolute cutoff: no lawsuit can be filed more than five years after the negligent act occurred—regardless of when you discovered the harm. This is an outer boundary that supersedes the two-year discovery-based limit.

Here's why this distinction matters critically: 

If a surgeon misdiagnoses your condition in 2020 and you discover it in 2024, you'd normally have two years from discovery (until 2026) to file based on the statute of limitations. However, the five-year statute of repose runs from 2020, meaning your absolute deadline was 2025. If you didn't file by 2025, your case is dismissed regardless of how clear-cut the malpractice was.

The Foreign Object Exception: One Year from Discovery, No Repose Limit

Georgia provides a significant exception for foreign objects left inside patients' bodies during surgery. This exception recognizes the unique injustice of expecting patients to sue when they don't even know an object is lodged in their body.

When a surgical instrument, sponge, clamp, or gauze is negligently left inside a patient, the statute of limitations becomes one year from the date of discovery—not from the surgery date. Critically, this exception also suspends the five-year statute of repose entirely. You can sue years or even decades after surgery, provided you file within one year of discovering the object.

Important distinction: 

Georgia law excludes certain items from "foreign object" protection. Chemical compounds, fixation devices like surgical screws, and prosthetic aids or devices intentionally implanted don't qualify for this exception, even if they later caused complications. The exception applies only to unintended foreign matter that should have been removed.

Example: 

Jane undergoes abdominal surgery in 2018. In 2024—six years later—imaging reveals a surgical sponge left inside. Even though the surgery occurred six years ago (beyond the five-year repose), Jane can file a lawsuit because she has one year from discovery (by 2025). The foreign object exception overrides both standard deadlines.

Medical Malpractice for Children: Extended Deadlines Until Age 7 and 10

Georgia provides special protection for very young children injured by medical malpractice. If a child was under five years old when malpractice occurred, the statute of limitations doesn't expire until the child's seventh birthday. The five-year statute of repose doesn't expire until age 10.

Example: 

If your 3-year-old receives negligent treatment in 2020, you can file a lawsuit in 2027 before your child turns 10, even though it's seven years after treatment. You'd have until your child's 10th birthday (2027) to comply with the repose deadline.

These protections apply only to children injured before age 5. Children injured between ages 5 and 18 follow standard statute of limitations rules (two years from discovery), though the statute won't run before age 18.

The Discovery Rule: When Your Statute of Limitations Actually Begins

Georgia recognizes the "discovery rule," protecting injured plaintiffs in situations where they couldn't reasonably know they were harmed at the time of the incident. The statute of limitations clock begins when you discover (or reasonably should have discovered) that negligence caused your injury, not necessarily on the injury date.



This is especially important in medical negligence, misdiagnosis, and toxic exposure cases. For example, a construction worker exposed to asbestos in 2015 may not be diagnosed with mesothelioma until 2020. While the statute of limitations would normally allow two years from the date of diagnosis to file a claim (through 2022), the five-year statute of repose runs from the date of exposure and expires in 2020. As a result, the worker must file the lawsuit before the repose deadline in 2020, even though the limitations period would otherwise extend beyond that date.

Other Exceptions That Extend Your Deadline

If the defendant leaves Georgia after causing your injury and remains outside the state, that time may not count toward the statute of limitations—a principle called "tolling." In medical malpractice cases, if a provider intentionally conceals negligence, the statute of limitations may be tolled. However, proving actual fraud sets an extremely high bar and applies only to egregious conduct.



If you were declared mentally incapacitated at the time of injury, the statute of limitations clock may be paused until competency is restored, though this exception has narrow application.

Georgia's Comparative Negligence Law and Your Claim

Georgia follows a modified comparative negligence system—you can recover compensation even if you're partially at fault, but only if you're less than 50% responsible. Your damages are reduced by your percentage of fault. If you're 20% at fault in a multi-car accident, you can recover 80% of total damages from other responsible parties.



This calculation only matters if your case is filed within Georgia's statute of limitations and, for medical malpractice, within the five-year repose. An unrepresented plaintiff might inadvertently accept greater fault responsibility during settlement negotiations, significantly reducing recovery.

Acting Quickly: Why Delaying Your Case Is Costly

While Georgia's statute of limitations gives you two years (with the five-year repose as an absolute ceiling for medical malpractice), waiting until the final weeks is risky. Early action strengthens your case by preserving evidence, securing witness statements while memories are fresh, and identifying all responsible parties.

However, filing early doesn’t mean settling early. Many Georgia injury victims are forced to choose between accepting a low settlement to cover immediate bills or continuing their case while facing financial strain. Best Call Funding addresses this gap by offering non-recourse pre-settlement advances to plaintiffs who already have an attorney—meaning you repay only if your case results in a win or settlement. If the case is unsuccessful, you owe nothing.

Avoid Lowball Settlements While Your Case Proceeds

This funding removes the financial pressure that forces plaintiffs into lowball settlements. You can reject insufficient offers, maintain your case integrity, and give your attorney the time and resources to pursue maximum compensation. Most Georgia plaintiffs receive approximately 10-15% of their expected settlement value, enough to cover medical bills, rent, living expenses, and other costs while your case proceeds.

Funding arrives quickly: applications receive approval decisions within 1-24 business hours, with funds typically disbursed within 24-48 hours. You apply online or by phone—the process takes minutes—and Best Call Funding contacts your attorney for case details. No credit checks, no upfront costs, and no hidden fees.

Don't Wait: Understanding Deadlines Protects Your Right to Recovery

Georgia's statute of limitations, statute of repose, the discovery rule, and available exceptions protect your right to pursue fair compensation. The deadlines are absolute and unforgiving, making early legal action essential—especially for medical malpractice claims where the five-year repose creates a hard ceiling.

Understanding these deadlines is only the first step. Securing legal representation quickly is essential, and if you’re already represented and facing financial strain, pre-settlement funding may help. Best Call Funding has supported thousands of Georgia injury victims while their attorneys pursue strong cases, covering motor vehicle accidents, premises liability, construction injuries, medical malpractice, wrongful death, and more.

Ready to apply? 

Call (844) 676-CASH (2274) or visit Best Call Funding to start your application today. Most applicants hear back within 24 business hours. Your attorney can coordinate directly with Best Call Funding, and there's no obligation—only the peace of mind that comes from knowing your case has financial backing while you pursue maximum recovery.

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