Does a related criminal case against the at-fault driver extend my deadline?

· 2 min read

A pending criminal prosecution arising from the same incident can suspend the civil limitation period in Georgia. The law recognizes that a crime victim should not be forced to race a criminal case to the courthouse, and it tolls the related tort deadline while the prosecution is underway.

Tolling during a pending prosecution

O.C.G.A. § 9-3-99 provides that the limitation period for a tort action brought by the victim of an alleged crime, where the tort arises out of the facts and circumstances of that crime committed in Georgia, is tolled from the commission of the alleged crime until the prosecution becomes final or is otherwise terminated. So when an at-fault driver is criminally charged for conduct that also caused civil injury, such as a DUI or reckless-driving offense tied to a collision, the injured victim’s civil clock can be paused while that criminal matter proceeds.

The two-year personal-injury period under O.C.G.A. § 9-3-33 still supplies the underlying length; the criminal-case statute simply stops it from running during the pendency of the prosecution. When the criminal case ends, the civil period resumes.

Conditions and limits on this tolling

The protection is meaningful but bounded:

  • The civil claim must arise from the same facts and circumstances as the alleged crime.
  • Tolling runs from the commission of the alleged crime until the prosecution is final or otherwise terminated.
  • The statute caps the tolling so that it cannot exceed six years, meaning the pause does not extend indefinitely even if the criminal case drags on.
  • “Final or otherwise terminated” covers the various ways a prosecution can conclude, after which the clock starts moving again.

Because the tolling depends on a prosecution that is actually pending and tied to the same events, it cannot be assumed in every case. Whether charges were brought, when they resolved, and how the civil claim connects to them all bear on how much extra time, if any, the rule provides.

The bottom line

A related criminal case against the at-fault driver can extend the civil deadline in Georgia by tolling it under O.C.G.A. § 9-3-99 while the prosecution is pending, with the period resuming once the criminal case ends. The tolling requires that the civil claim arise from the same crime, and the statute holds it to a six-year ceiling rather than leaving it open-ended.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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