Statute of Limitations for Assault and Battery (intentional tort) in Georgia

7 min read

Published April 8, 2026 • By DocketMath Team

Overview

What is the statute of limitations for assault and battery in Georgia? The general limitations period is 1 year for intentional assault and battery claims in Georgia under O.C.G.A. § 17-3-1.

Georgia does not have a separate claim-type-specific civil limitations rule identified for assault and battery in the jurisdiction data provided here. That means the general/default 1-year period applies. In practical terms, the deadline usually runs from the date the claim accrues, which is often the date of the alleged incident.

A quick summary:

  • Claim type: Intentional tort
  • Jurisdiction: Georgia
  • Default filing window: 1 year
  • Primary statute cited: O.C.G.A. § 17-3-1

Note: This page is a deadline reference, not legal advice. If tolling, delayed accrual, incapacity, or another rule applies, the filing date may change.

For a fast deadline estimate, use the DocketMath statute of limitations tool to calculate a date based on the incident date and the Georgia period.

Limitation period

How long do you have to sue for assault and battery in Georgia? The general rule is 1 year from the date the claim accrues.

For assault and battery claims, the clock typically starts on the date of the alleged conduct because those claims are usually complete when the harmful act occurs. That short window makes it important to identify the incident date early and calendar the deadline right away.

What the 1-year period means in practice

ItemGeorgia reference rule
Default period1 year
TriggerDate the claim accrues, usually the date of the incident
Typical filing deadlineSame calendar date one year later
If the deadline falls on a weekend/holidayCourt filing rules may affect the exact due date
If a tolling rule appliesThe deadline may be extended

Common deadline examples

  • Incident on March 10, 2025 → default deadline is March 10, 2026
  • Incident on July 1, 2025 → default deadline is July 1, 2026
  • Incident on December 31, 2025 → default deadline is December 31, 2026

That simple math is why the exact incident date matters so much. The DocketMath calculator uses the date you enter and applies the Georgia limitations period to estimate the deadline.

Why this matters for assault and battery claims

Assault and battery cases often involve:

  • police reports or incident reports,
  • medical records,
  • witness statements,
  • video footage,
  • workplace or school investigations,
  • and related criminal proceedings.

Because evidence can fade quickly, Georgia’s 1-year period can become a hard cutoff long before someone feels ready to file. Even if settlement talks are ongoing, the filing deadline usually continues to run unless a rule pauses it.

Key exceptions

What can change the Georgia assault and battery deadline? Tolling and accrual rules can extend or alter the 1-year period, but the default remains 1 year under O.C.G.A. § 17-3-1.

The statute data provided here does not identify a special assault-and-battery carveout, so the safest approach is to treat 1 year as the baseline and then check whether any exception applies.

Common issues that can affect the deadline

  • Delayed accrual: If the claim did not accrue when you first thought it did, the clock may start later.
  • Tolling: Certain legal disabilities or procedural circumstances can pause the limitations period.
  • Related claims: Different claims from the same incident may have different limitation periods.
  • Criminal proceedings: A criminal case does not automatically extend the civil filing deadline.
  • Settlement talks: Negotiations usually do not stop the clock by themselves.

Practical checkpoint list

Use this checklist before relying on the 1-year deadline:

Warning: Do not assume a police investigation, insurance review, or criminal prosecution pauses the civil statute of limitations. The filing deadline can expire while those processes are still pending.

Separate claims may follow different rules

A single incident can create multiple claims, and each one may have a different deadline. For example, a case may include:

  • battery,
  • assault,
  • intentional infliction of emotional distress,
  • negligence,
  • or other related torts.

The Georgia 1-year reference period on this page applies to the assault and battery limitations question presented here. If another claim is involved, check that deadline separately.

Statute citation

What statute sets the Georgia assault and battery limitations period? O.C.G.A. § 17-3-1 supplies the general 1-year period used here.

For this reference page, the governing citation is:

Citation snapshot

FieldValue
StateGeorgia
CodeUS-GA
StatuteO.C.G.A. § 17-3-1
Default period1 year
Claim typeAssault and battery, intentional tort
Rule typeGeneral/default period

This page uses the statute data provided for Georgia and treats it as the default deadline because no specific assault-and-battery sub-rule was identified in the supplied jurisdiction data.

How to use the citation

When you are checking a deadline, the citation helps you:

  • confirm the state rule,
  • compare the incident date against the limitations period,
  • document the calculation in a file note,
  • and support internal deadline tracking.

For litigation intake and case management, having the statute named in the case record makes it easier to verify whether the deadline is still open.

Use the calculator

How do you calculate the Georgia assault and battery deadline? Enter the incident date, select Georgia, and use the 1-year period to generate the filing deadline.

The DocketMath statute of limitations tool is designed for quick deadline estimates. For Georgia assault and battery, the output should reflect the 1-year default period tied to the incident date.

What to enter

Use these inputs:

  • Jurisdiction: Georgia
  • Claim type: Assault and battery, intentional tort
  • Incident date: The date the alleged conduct occurred
  • Filing context: Civil statute-of-limitations estimate

How the output changes

The calculator output changes based on the date you provide:

Input changeOutput effect
Earlier incident dateEarlier deadline
Later incident dateLater deadline
Different claim dateDifferent deadline
Different jurisdictionDifferent statute period
Tolling adjustmentPotentially extended deadline

Best practices for calculator results

  • Use the earliest possible incident date if the facts are disputed.
  • Double-check the calendar if the deadline lands near a weekend or court closure.
  • Save the calculated date with the underlying statute citation.
  • Recalculate if new facts change the accrual date.

The calculator is most useful as a first-pass deadline screen for intake, docketing, and internal review. It does not replace a fact-specific limitations analysis, especially if tolling or mixed claims are involved.

Related reading

For faster deadline tracking across claims and jurisdictions, use the DocketMath statute of limitations tool.

Related reading