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How Long Do You Have to Sue for a Child's Injury in Georgia?

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In Georgia, an adult injury claim generally must be filed within two years of the injury. For a child, that clock can be paused, or "tolled," because the injured person is a minor, which can extend the deadline beyond the ordinary two years. But this protection has limits, and waiting to act can still cost your child their claim. Here is how it works.

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Why the deadline is different for a child

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The law recognizes that a young child cannot file a lawsuit on their own. Because of this, Georgia law tolls the statute of limitations for a minor's personal injury claim, so the ordinary two-year period does not begin to run in the same way it would for an adult. In practical terms, this means a child may have more time than an adult to bring a claim for their own injuries.

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Why you should not wait even if you have more time

 

The tolling rule protects your child's claim for their own injuries. It does not protect everything. Several important exceptions and limits apply:

• Claims for the parents' own losses, such as the medical bills you paid, are generally not tolled and follow the shorter deadline.

• Claims against a government entity, such as a public school or a county, carry separate and much shorter notice deadlines, sometimes measured in months, that are not extended by your child being a minor.

• Evidence disappears. Witnesses forget, surveillance footage is erased, and incident reports go missing. The strongest investigation happens close to the event.​