Statutes of limitations are deadlines for filing specific types of claims in court, in arbitration, or in other legal proceedings. Statutes of limitations generally require a person or entity to file a lawsuit or initiate an arbitration proceeding within a certain number of years from the date the cause of action accrues or arises—often the date of the injury, whether a physical injury or a breach of contract, for example.

The discovery rule is a judge-made exception to statutes of limitations that stops or “tolls” the limitations period from beginning to run until the person with the right to assert the claim (the plaintiff) has sufficient knowledge to discover the facts regarding the injury or breach.

Similarly, a statute of limitations may be suspended or “tolled”—extending the time period in which the plaintiff may file a lawsuit or make a claim—if the plaintiff lacks the legal capacity to file a lawsuit or make a claim when the cause of action accrues (the person is under a legal disability). For example, if a person’s cause of action accrues when the person is a minor child, the statute of limitations will often by tolled until the child reaches the age of majority (often 18).

In Georgia, statutes of limitations set deadlines for filing various types of legal claims. The time limits depend on the nature of the claim. For instance, personal injury claims must generally be filed within two years of the date of injury, while contract disputes typically have a four-year limit for oral contracts and six years for written contracts. The discovery rule in Georgia may toll the statute of limitations, meaning the clock doesn't start until the plaintiff discovers or should have discovered the injury. This is particularly relevant in medical malpractice cases, where the injury might not be immediately apparent. Additionally, Georgia law tolls the statute of limitations for individuals who are legally incapacitated, such as minors or those declared incompetent. In such cases, the clock may not start until the disability is removed, such as when a minor reaches the age of majority, which is 18 years old in Georgia. It's important for individuals to consult with an attorney to understand the specific time limits and exceptions that may apply to their case.