When does the clock start for an injury from ongoing or repeated exposure?

· 3 min read

Harm that builds up over months or years, rather than striking in a single moment, raises a harder timing question than a car crash does. Georgia still applies the two-year personal-injury limitations period, but deciding the day the clock begins for a gradual or repeated injury depends on when the injury and its connection to a cause became apparent.

The general rule and the discovery problem

The baseline deadline for personal-injury claims is two years from the date of injury under O.C.G.A. § 9-3-33. For a sudden accident, the date of injury is obvious. For an injury caused by continuing or repeated exposure, the moment of injury can be far less clear, because the person may not feel or recognize the harm until well after the exposure began.

Georgia courts have addressed this through a discovery concept in certain injury contexts, under which the limitations period can begin when the injured person knew or, through reasonable diligence, should have known both that an injury existed and that it was connected to a particular cause. Whether and how that concept applies turns heavily on the type of claim and the specific facts, so the trigger date is not uniform across every exposure case.

Factors that shape the start date

Because exposure injuries vary so widely, courts look closely at the timeline of what the person experienced and understood. Considerations can include:

  • When symptoms first appeared and when they were diagnosed.
  • When the person reasonably should have linked the condition to the exposure.
  • Whether the exposure was a one-time event with delayed effects or a course of repeated contact.

A separate wrinkle is the statute of repose that exists for some claim types, which can set an outer deadline measured from a defined event regardless of when the injury was discovered. Where a repose period applies, it can cut off a claim even if the discovery point has not yet been reached.

The bottom line

For ongoing or repeated exposure in Georgia, the two-year clock does not always start on the first day of exposure; depending on the claim, it may begin when the injury and its likely cause were or reasonably should have been discovered, subject to any applicable statute of repose. Because these timing rules are fact-driven and vary by claim type, the safest course is to treat the deadline as uncertain and have the specific facts evaluated early.

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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