When a death or injury also involves criminal conduct, the civil and criminal cases often move on separate tracks. A frequent question is whether the deadline to file a civil lawsuit, the statute of limitations, stops running while a related criminal prosecution is pending. Georgia law has a specific statute that addresses this, and this guide explains how it operates.
The General Civil Deadline
For most personal injury and wrongful death claims in Georgia, the statute of limitations is two years. This period comes from O.C.G.A. Section 9-3-33, which governs actions for injuries to the person. In a wrongful death case, the two-year clock generally begins on the date of death. If a lawsuit is not filed within the limitations period, the claim is ordinarily barred.
Certain doctrines can pause, or “toll,” the running of the limitations period. One of those doctrines applies specifically to victims of crime.
The Crime Victim Tolling Statute
Georgia addresses the interaction between civil deadlines and criminal cases in O.C.G.A. Section 9-3-99. This statute was enacted as part of the Crime Victims Restitution Act of 2005. It provides that the running of the limitations period for a tort claim brought by the victim of an alleged crime is tolled while a related criminal prosecution is pending.
Under the statute, tolling runs from the date the alleged crime, or the act giving rise to the tort claim, was committed, and it continues until the prosecution of that crime has become final or is otherwise terminated. The statute also places an outer limit on this tolling: the total tolling period cannot exceed six years.
The practical effect is that when a civil claim arises out of the same facts as a crime, the time during which the criminal matter is unresolved generally does not count against the civil filing deadline, up to that six-year cap. Once the criminal case ends, the remaining portion of the limitations period resumes.
What “Pending” and “Terminated” Can Mean
A point worth understanding is how broadly courts have read the statute. Georgia appellate decisions have addressed situations where a prosecution was never formally commenced or where no charges were ultimately brought. The statute speaks of tolling until the prosecution “has become final or otherwise terminated,” and Georgia courts have applied the tolling provision in a range of circumstances connected to alleged criminal conduct, not only where a defendant was indicted and tried.
At the same time, the tolling protection is tied to the existence of an alleged crime arising out of the same facts and circumstances. The relationship between the criminal act and the civil claim is part of what makes the statute apply.
An Important Limitation Involving Other Defendants
The crime victim tolling statute has been the subject of significant litigation in the context of negligent security cases, where an injured person sues a property owner over a crime committed by a third party. Georgia courts have addressed whether the tolling triggered by the criminal act applies to a civil claim against a defendant who did not commit the crime, such as the property owner. This area of law has been actively litigated, and the application of O.C.G.A. Section 9-3-99 in claims against non-criminal defendants has been narrowed and clarified through court decisions over time. Because of these developments, whether the tolling statute helps a particular civil claim can depend on who the civil defendant is and on how courts have interpreted the statute in similar situations.
Other Tolling Concepts That Are Sometimes Confused
Two other Georgia tolling concepts are sometimes mixed up with the crime victim statute, and they are worth distinguishing.
First, Georgia law allows tolling related to the administration of a deceased person’s estate. The estate’s own claims can be affected by the period between death and the appointment of a permanent personal representative, with an outer limit of five years recognized under O.C.G.A. Section 9-3-92. This estate-related tolling is separate from the crime victim statute and applies to claims belonging to the estate.
Second, tolling for legal disability, such as the claimant being a minor, is a different doctrine again. None of these doctrines is the same as the crime victim tolling provision, and each has its own conditions.
Summary
Georgia does provide for the statute of limitations to pause during a related criminal matter. Under O.C.G.A. Section 9-3-99, the limitations period for a tort claim brought by a crime victim is tolled while the related criminal prosecution is pending, from the date of the criminal act until the prosecution becomes final or otherwise terminates, subject to a six-year cap. The reach of this tolling, especially in claims against defendants who did not commit the crime, has been refined by Georgia courts, so the precise effect depends on the facts and on the current state of the case law.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
For these reasons, no one should rely on this article as a substitute for advice from a licensed Georgia attorney who can review the particular facts involved. The author and publisher make no warranty, express or implied, regarding the accuracy, completeness, timeliness, or applicability of the information provided, and disclaim any liability for any action taken or not taken based on this content.