Friday, May 14, 2010

Need to know Georgia's state law on statue of limitations civil cases?

Each different type of civil action has a different statute of limitations-- for example, contract actions might be 5 years, tort actions (like personal injury or defamation) might be 2 years [edit: it appears that they may be 2 years in Georgia. See O.C.G.A. 搂 9-3-33; but there may be lots of cases or other rules that affect that date] ; property actions might be 10 years. And then some statutes may have their own, unique limitations periods on top of that.


Sometimes statutes of limitations are ';tolled'; (which means that the period doesn't run) for one reason or another -- like the plaintiff is under 18, or you could have ';discovered'; the injury yet, or for other public policy reasons. There are also ';statutes of repose,'; which means there's an outer limit of time from the time the harm actually occurred that you must bring the action -- these are rarely, if ever, tolled, so that adds another level of complexity.





It appears that the Georgia limitations periods are in Title 9, Chapter 3, section 1 and following.


http://w3.lexis-nexis.com/hottopics/gaco鈥?/a>


If you have a particular question about statutes of limitations in Georgia, you should see an attorney (quickly if you believe that a limitations period is running out) licensed in Georgia. Contact your local bar association for a referral.Need to know Georgia's state law on statue of limitations civil cases?
On injury cases typically up to 6 years. I wouldn't wait too long. Memories get short with time.

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