When does the clock resume after I uncover a defendant’s fraudulent concealment?

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Once a defendant’s fraudulent concealment comes to light, the protective pause ends and the limitation period begins to run. Under Georgia law the clock that was held in suspense by the fraud starts at the point of discovery, and the ordinary period then applies from there.

Discovery restarts the period

Georgia’s fraud-tolling statute, O.C.G.A. § 9-3-96, provides that when a defendant’s fraud has debarred or deterred a plaintiff from suing, the limitation runs only from the time the plaintiff discovers the fraud. The discovery is the trigger. From that moment the injured person has the otherwise-applicable period to file, which for a personal-injury claim is the two years set by O.C.G.A. § 9-3-33. The fraud does not erase the deadline; it shifts the starting line to the date the concealment was or should have been uncovered.

Importantly, “discovery” is measured by reasonable diligence, not solely by the day the plaintiff actually pieced everything together. The period can begin when the plaintiff learns enough to put a reasonable person on notice that they may have been wronged and that something was concealed, even if every detail is not yet confirmed.

Why the resumed clock should not be treated loosely

Several practical points follow from a discovery-based restart:

  • The full ordinary period runs from discovery, so a freshly discovered claim is not open indefinitely.
  • Reasonable diligence governs the trigger, meaning facts that should have prompted inquiry can start the clock even without complete certainty.
  • Once put on notice, delaying further investigation can be charged against the claimant.
  • The burden of establishing both the concealment and the timing of discovery rests with the person relying on the tolling.

Because the resumed period is finite and the discovery date can be contested, treating the moment of discovery as the practical start of a normal limitation window is the cautious approach. Waiting after the fraud surfaces can squander the very time the tolling was meant to preserve.

The bottom line

After fraudulent concealment is uncovered in Georgia, the limitation clock resumes from the date of discovery, with the standard period running from that point under O.C.G.A. § 9-3-96. Because discovery is judged by reasonable diligence and the resumed window is the ordinary length, prompt action once the fraud surfaces is what protects the claim.

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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