Georgia Tolling: Minors and Pending Criminal Charges

Georgia's two-year clock pauses for the reasons you'd expect — and for one you probably wouldn't.

Minors: the clock waits for 18

Under O.C.G.A. § 9-3-90, Georgia tolls its statute of limitations for anyone who was under 18 at the time of the injury. The two-year clock doesn't begin running until the minor's 18th birthday, giving a child injured at, say, age 8 until age 20 to file — rather than a clock that would otherwise have expired years before they were ever in a position to bring a claim themselves.

A parent can still act sooner

This tolling doesn't mean nothing can happen before the minor turns 18. A parent or legal guardian may file a claim on the minor's behalf at any time before the minor reaches adulthood, giving a family the option to pursue the claim earlier if that makes sense, while the minor's own separately tolled right to file remains available as a backstop.

A genuinely distinctive pause: pending criminal charges

Here's a detail that catches many people by surprise. Georgia recognizes tolling of the civil filing deadline while criminal charges against the defendant, arising from the same incident, are pending. In other words, if the person who caused the injury is also facing criminal prosecution for the same underlying conduct, the civil statute of limitations can be paused until those criminal proceedings are resolved — recognizing that pursuing a civil claim in parallel with an unresolved criminal case can create real complications for the injured person.

Why this genuinely matters

This particular tolling rule is easy to overlook, because most discussions of statute-of-limitations tolling focus on minors or discovery issues. But in a case involving something like a DUI crash or an assault where criminal charges are also filed, understanding whether and how this tolling applies can meaningfully change the actual filing deadline — worth confirming directly with an attorney whenever a related criminal case exists.

What doesn't pause the clock

A genuinely common and costly misunderstanding: actively negotiating a settlement with an insurance company does not toll or pause Georgia's filing deadline. The two-year clock keeps running the entire time talks are ongoing, regardless of how close the parties seem to a resolution.

Georgia discovery rule & tolling — frequently asked questions

Until what age is Georgia's deadline tolled for a minor?

18. Under O.C.G.A. § 9-3-90, the statute of limitations is tolled for anyone under 18 at the time of injury, and the two-year clock doesn't start running until their 18th birthday, giving them until age 20 to file.

Can a parent file a Georgia injury claim on a minor's behalf before they turn 18?

Yes. A parent or legal guardian may file a claim on the minor's behalf at any time before the minor reaches adulthood, separate from the minor's own tolled right to file later.

Does Georgia pause the statute of limitations during a related criminal case?

Yes. Georgia recognizes tolling of the civil filing deadline while criminal charges against the defendant arising from the same incident are pending.

Why would Georgia pause a civil deadline for a pending criminal case?

This tolling recognizes that pursuing a civil claim while a related criminal prosecution is unresolved can raise real practical and strategic complications for an injured person.

Does negotiating with an insurance adjuster pause Georgia's statute of limitations?

No. Settlement negotiations do not toll or pause the filing deadline. The clock keeps running regardless of how active the negotiations are.

This page provides general guidance only and is not legal advice. Figures are based on Georgia statute (O.C.G.A. § 9-3-90), verified per our methodology. Whether tolling applies to a specific situation depends on its facts. Confirm with a licensed Georgia attorney before acting.