Does the deadline pause if the defendant concealed my claim through fraud?
Fraud by a defendant can suspend a Georgia limitation period. When a wrongdoer’s own fraud has prevented an injured person from learning of the claim, the law refuses to let that concealment run out the clock, and the period instead begins from discovery of the fraud.
The fraud-tolling statute ¶
Georgia addresses this directly in O.C.G.A. § 9-3-96. If the defendant, or those under whom the defendant claims, is guilty of a fraud by which the plaintiff has been debarred or deterred from bringing an action, the limitation period runs only from the time the plaintiff discovers the fraud. In plain terms, a defendant cannot hide the wrong and then benefit from the time that passed while the victim was kept in the dark.
The tolling does not require the underlying claim itself to sound in fraud. It can apply to an otherwise ordinary injury claim where the defendant’s fraudulent conduct concealed the existence of the claim. What matters is that fraud, not mere silence in every case, actually prevented the injured person from discovering the basis for suit.
What the concealment has to look like ¶
Courts apply the statute carefully, and several elements tend to control:
- There must be actual fraud, meaning more than the wrong itself; the conduct must be aimed at or have the effect of hiding the claim.
- The fraud must have debarred or deterred the plaintiff from acting, creating a genuine obstacle to discovery.
- The plaintiff must still have exercised reasonable diligence; tolling protects those misled despite reasonable care, not those who ignored available facts.
- Once the fraud is or reasonably should be discovered, the protective pause ends and the period runs.
Where a confidential or fiduciary relationship exists, the bar for what counts as concealment can be different, because a person may be entitled to rely on the other party rather than independently investigate. In arm’s-length situations, more is generally required to show that the defendant’s fraud, rather than the plaintiff’s own inattention, caused the delay.
The bottom line ¶
Georgia does pause an injury deadline when a defendant’s fraud has hidden the claim, restarting the period at discovery under O.C.G.A. § 9-3-96. The protection demands actual concealing fraud and reasonable diligence by the injured person, and it lasts only until the fraud is or should have been uncovered.
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.