What is the Statute of Limitation for Legal Malpractice Cases In Georgia?


Georgia Malpractice Statute of Limitations, a Quick Reference Guide

Attorney Defender

It has been considered fairly settled law in Georgia that the statute of limitations for legal malpractice type claims was either four or two years, depending on the type of damages being sought.

If the plaintiff seeks to recover general damages, emotional distress, or punitive damages, then the statute of limitations is two years as these are tort types of damages.  If the plaintiff seeks damages to reputation, the limitations period is one year.  If the plaintiff was trying to recover simple damages proximately caused by the breach of the standard of care, then the statute of limitations was considered four years pursuant to Georgia’s breach of implied promises limitations period, OCGA 9-3-25.  Cheeley v. Henderson, 197 Ga. App. 543, 547, 398 S.E.2d 787, 791 (1990), revd on other grounds, 261 Ga. 498, 405 S.E.2d 865 (1991) (applying a two-year limitations period to certain tort claims and a four-year limitations to…

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