> This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

# Wrongful Death Statute Of Limitations in Georgia

Under Georgia’s Official Code, O.C.G.A. § 9-3-33 governs the time limit for filing a wrongful death action. This statute establishes a two-year period within which a claim must be brought. The clock typically begins running from the date of death, though the statute provides for certain exceptions that may alter the start or duration of the limitations period. The precise details of these exceptions, including any tolling provisions, are set out in the official source. The worked example below illustrates how the two-year rule applies in a straightforward scenario. To estimate how this rule applies to a particular set of facts, the DocketMath calculator can compute the applicable deadline using the governing statute’s provisions.

## Governing authority

In Georgia, the statute of limitations rule is set by **O.C.G.A. § 9-3-33**. The verified packet cites O.C.G.A. § 9-3-33 (https://web.archive.org/web/2024/https://codes.findlaw.com/ga/title-9-civil-practice/ga-code-sect-9-3-33/).

## Deadline example

For a Georgia wrongful death limitations check, use the verified limitations period from the current rule packet: **2 years**. The authority packet cites O.C.G.A. § 9-3-33 (https://web.archive.org/web/2024/https://codes.findlaw.com/ga/title-9-civil-practice/ga-code-sect-9-3-33/).

Example inputs:
- Accrual date: 2024-04-25
- Filing date checked: 2026-04-25

Calculation:
- Start with the accrual date.
- Add 2 years.
- The example deadline is **2026-04-25**.

This example is generated from the verified facts packet rather than freeform prose. Confirm tolling, discovery rules, and claim-specific exceptions before relying on the date.

**Estimate your own result:** every situation has exceptions that can change the outcome. Use the wrongful death statute of limitations calculator to estimate your specific figure.

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_This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction._


Under Georgia’s Official Code, O.C.G.A. § 9-3-33 governs the time limit for filing a wrongful death action. This statute establishes a two-year period within 

Wrongful Death Statute Of Limitations in Georgia

Notice of a claim shall be given in writing within 12 months of the date the loss was discovered or should have been discovered

Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm, or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury.

ANO-831 deep-verification sweep 2026-04-27. Primary harvest from Wayback FindLaw mirror (codes.findlaw.com/ga); cross-confirmed against Casetext for 9-3-96 + 11-2-725 (FindLaw 404 on those) and against Wayback Justia for 9-3-91 (FindLaw + Casetext both 404). Each claim_type now carries citation + source_url + verbatim raw_statute_text. No bare-number fabrications discovered. legal_malpractice 4-yr count flagged as 'inferred' rather than 'verified' because GA has no dedicated legal-malpractice SOL — the 4-yr value reflects the contract characterization under § 9-3-25; tort-theory pleadings use § 9-3-33 (2 yr) and written-retainer breach uses § 9-3-24 (6 yr). Title 50 (GTCA § 50-21-26) and Title 36 (municipal § 36-33-5) source URLs resolved this sweep — were previously null pending Title-50/36 fetcher.

9-3-26. Other actions on contracts; exception. All other actions upon contracts express or implied not otherwise provided for shall be brought within four years from the accrual of the right of action. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11.

All actions upon simple contracts in writing shall be brought within six years after the same become due and payable. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11 or to negotiable instruments under Article 3 of Title 11.

Actions for injuries to personalty shall be brought within four years after the right of action accrues.

(1) Notice of a claim shall be given in writing within 12 months of the date the loss was discovered or should have been discovered; provided, however, that for tort claims and causes of action which accrued between January 1, 1991, and July 1, 1992, notice of claim shall be given in writing within 12 months after July 1, 1992; (2) Notice of a claim shall be given in writing and shall be mailed by certified mail or statutory overnight delivery, return receipt requested, or delivered personally to and a receipt obtained from the Risk Management Division of the Department of Administrative Services. In addition, a copy shall be delivered personally to or mailed by first-class mail to the state government entity, the act or omissions of which are asserted as the basis of the claim.

9-3-25. Open accounts; breach of certain contracts; implied promise; exception. All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking shall be brought within four years after the right of action accrues. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11.

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 after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.

(a) Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred. (b) Notwithstanding subsection (a) of this Code section, in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred. (c) Subsection (a) of this Code section is intended to create a two-year statute of limitations. Subsection (b) of this Code section is intended to create a five-year statute of ultimate repose and abrogation. (d) Nothing contained in subsection (a) or (b) of this Code section shall be construed to repeal Code Section 9-3-73 , which shall be deemed to apply either to the applicable statutes of limitation or repose.

9-3-30. Trespass or damage to realty. All actions for trespass upon or damage to realty shall be brought within four years after the right of action accrues.

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

The limitations of Code Section 9-3-71 shall not apply where a foreign object has been left in a patient's body, but in such a case an action shall be brought within one year after the negligent or wrongful act or omission is discovered. For the purposes of this Code section, the term "foreign object" shall not include a chemical compound, fixation device, or prosthetic aid or device.

If any person suffers a disability specified in Code Section 9-3-90 after his right of action has accrued and the disability is not voluntarily caused or undertaken by the person claiming the benefit thereof, the limitation applicable to his cause of action shall cease to operate during the continuance of the disability.

Unless otherwise provided by law, if a defendant removes from this state, the time of his absence from the state until he returns to reside shall not be counted or estimated in his favor.

If the defendant or those under whom he claims are guilty of a fraud by which the plaintiff has been debarred or deterred from bringing an action, the period of limitation shall run only from the time of the plaintiff's discovery of the fraud.

(a) No action to recover damages: (1) For any deficiency in the survey or plat, planning, design, specifications, supervision or observation of construction, or construction of an improvement to real property; (2) For injury to property, real or personal, arising out of any such deficiency; or (3) For injury to the person or for wrongful death arising out of any such deficiency shall be brought against any person performing or furnishing the survey or plat, design, planning, supervision or observation of construction, or construction of such an improvement more than eight years after substantial completion of such an improvement.

(1) Notice of a claim shall be given in writing within 12 months of the date the loss was discovered or should have been discovered; provided, however, that for tort claims and causes of action which accrued between January 1, 1991, and July 1, 1992, notice of claim shall be given in writing within 12 months after July 1, 1992; (2) Notice of a claim shall be given in writing and shall be mailed by certified mail or statutory overnight delivery, return receipt requested, or delivered personally to and a receipt obtained from the Risk Management Division of the Department of Administrative Services.

(a) Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred. (b) Notwithstanding subsection (a) of this Code section, in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred. (c) Subsection (a) of this Code section is intended to create a two-year statute of limitations. Subsection (b) of this Code section is intended to create a five-year statute of ultimate repose and abrogation.

Georgia law provides that title to real property held under a security deed reverts to the grantor/borrower seven (7) years from the maturity of the debt, or twenty (20) years after recordation of the security deed when the parties establish “a perpetual or indefinite security interest” as in the case of a revolving debt. See O.C.G.A. § 44-14-80(a). If the security deed expires in this manner, the lender loses the right to commence foreclosure proceedings and may not enforce the obligation by seeking to recover the property under its loan documents.

9-3-30. Trespass or damage to realty. All actions for trespass upon or damage to realty shall be brought within four years after the right of action accrues. The causes of action specified in Code Section 51-1-11 and subsection (a) of Code Section 9-3-51 for recovery of damages to a dwelling due to the manufacture of or the negligent design or installation of synthetic exterior siding shall accrue when the damage to the dwelling is discovered or, in the exercise of reasonable diligence, should have been discovered, whichever first occurs. In any event, such cause of action shall be brought within the time limits provided in Code Sections 51-1-11 and 9-3-51, respectively.

All actions upon simple contracts in writing shall be brought within six years after the same become due and payable.

Georgia imposes a two-year statute of limitations on general personal-injury / negligence claims (actions for 'injuries to the person') pursuant to O.C.G.A. § 9-3-33, running from the date the right of action accrues. The same section separately fixes one year for injuries to reputation (defamation) and four years for loss-of-consortium claims; those are not covered by this receipt. The two-year period applies as a residual rule 'except as otherwise provided in this article,' meaning more specif

For Georgia mortgage-foreclosure timing tied to a security deed, O.C.G.A. § 44-14-80(a) provides that title to real property held under a security deed generally reverts to the grantor seven years from the maturity of the secured debt. A 20-year period can apply when the recorded security deed affirmatively establishes a perpetual or indefinite security interest. If title reverts, the lender loses the right to commence foreclosure proceedings on the property under the security deed.

For Georgia mortgage-foreclosure timing tied to a security deed, O.C.G.A. § 44-14-80(a)(1) provides that title to real property held under a security deed reverts to the grantor (or his/her heirs, personal representatives, successors, and assigns) seven years from the maturity of the secured debt as stated or fixed in the record of conveyance. A 20-year reversion period applies only where the deed contains an affirmative statement establishing a perpetual or indefinite security interest. Upon re

In Georgia, an action for libel (written defamation) — classified as an injury to the reputation — must be brought within one year after the right of action accrues under O.C.G.A. § 9-3-33. The right of action accrues with the date of first publication under the single publication rule.

A Georgia claim for wrongful termination grounded in breach of a written employment contract must be brought within six years under O.C.G.A. § 9-3-24. In contract actions, the time of the breach controls accrual — accrual occurs when the breach occurs (i.e., at or from the date of wrongful termination), not when actual monetary damage results. Note: Where no written employment contract exists (pure at-will context), the claim may sound in tort (e.g., O.C.G.A. § 9-3-33, 2-year tort SOL) or may be

Georgia's SOL for personal injury is 2 years under O.C.G.A. § 9-3-33.

Georgia applies the 2-year personal-injury SOL of O.C.G.A. § 9-3-33 to wrongful-death actions.

Georgia's SOL for medical malpractice is 2 years under O.C.G.A. § 9-3-71.

Georgia's SOL for legal malpractice (claim on an oral/implied contract for services) is 4 years under O.C.G.A. § 9-3-25.

Georgia applies the 2-year personal-injury SOL of O.C.G.A. § 9-3-33 to product-liability claims for personal injury.

Georgia applies the 2-year personal-injury SOL of O.C.G.A. § 9-3-33 to premises-liability claims.

Georgia's SOL for breach of a written contract is 6 years under O.C.G.A. § 9-3-24.

Georgia's SOL for breach of an oral contract is 4 years under O.C.G.A. § 9-3-26.

Georgia's SOL for breach of a UCC contract for the sale of goods is 4 years under O.C.G.A. § 11-2-725.

Georgia's SOL for fraud (injury to personalty) is 4 years under O.C.G.A. § 9-3-31.

Georgia's SOL for damage to real property is 4 years under O.C.G.A. § 9-3-30.

Georgia's SOL for trespass upon real property is 4 years under O.C.G.A. § 9-3-30.

Georgia requires written ante litem notice of a tort claim against the state within 12 months under O.C.G.A. § 50-21-26.

Georgia's SOL for a debt on a written instrument such as a promissory note is 6 years under O.C.G.A. § 9-3-24.

In Georgia, title to property conveyed to secure a debt reverts to the grantor seven years after debt maturity under O.C.G.A. § 44-14-80(a).

Georgia premises liability / slip-and-fall claims are injuries to the person and must be brought within 2 years of accrual under O.C.G.A. § 9-3-33.

A civil claim arising from domestic violence in Georgia (assault, battery, intentional infliction of emotional distress) is an action for injury to the person; under O.C.G.A. § 9-3-33, such actions must be brought within two (2) years after the right of action accrues.

Georgia actions upon simple contracts in writing must be brought within 6 years after the same become due and payable under O.C.G.A. § 9-3-24.

Georgia actions for injuries to the reputation, including slander, must be brought within 1 year after the right of action accrues under O.C.G.A. § 9-3-33.

Construction defect actions in Georgia must be brought within eight years after substantial completion of the improvement under O.C.G.A. § 9-3-51(a).

A claim for tortious interference with business relations in Georgia is an action for injury to personalty and must be brought within four years under O.C.G.A. § 9-3-31.

Georgia O.C.G.A. § 9-3-90(b) tolls the limitations period for minor plaintiffs; the full SOL period runs from when the plaintiff turns 18.

Georgia O.C.G.A. § 9-3-94 tolls the limitations period during any period a defendant is absent from the state; absences do not count in the defendant's favor.

Georgia O.C.G.A. § 9-3-96 tolls the limitations period when defendant fraud has debarred or deterred the plaintiff from bringing suit; the clock runs from discovery of the fraud.

Georgia applies a discovery rule through O.C.G.A. § 9-3-96 (fraud/concealment delays accrual until discovery) and common-law latent-injury doctrine (King v. Seitzingers). No unified codified discovery rule exists; application is claim-type specific.

(a) Individuals who are legally incompetent because of intellectual disability or mental illness, who are such when the cause of action accrues, shall be entitled to the same time after their disability is removed to bring an action as is prescribed for other persons. (b) Except as otherwise provided in Code Section 9-3-33.1, individuals who are less than 18 years of age when a cause of action accrues shall be entitled to the same time after he or she reaches the age of 18 years to bring an action as is prescribed for other persons.

Minors and persons who are legally incompetent because of mental retardation or mental illness, who are such when the cause of action accrues, shall be entitled to the same time after their disability is removed to bring an action as is prescribed for other persons.

Except as otherwise provided in Code Section 9-3-33.1, individuals who are less than 18 years of age when a cause of action accrues shall be entitled to the same time after he or she reaches the age of 18 years to bring an action as is prescribed for other persons.

Wrongful Death Statute Of Limitations in Georgia

Current verified answer

Authority and key facts

Wrongful Death Statute Of Limitations in Georgia

Governing authority

Deadline example