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If you have sustained physical injuries due to another person’s negligence or reckless actions, you may qualify for compensation. While securing immediate medical treatment for your injuries should be your top priority to safeguard your health, it’s crucial to be aware of the time limit for filing your legal claim. Each state, including Georgia, has established a statute of limitations that dictates the timeframe for submitting personal injury claims. This indicates that there is a finite period to seek compensation from those responsible for your injuries, making it vital to act swiftly. To gain a better understanding of these timelines, in the guide below, we will review the statute of limitations in more detail, including the impact it can have on your case.
What Is the Statute of Limitation?
The statute of limitations sets the maximum time allowed for an individual to file legal action for a specific offense, whether criminal or civil. This duration differs based on the type of crime or civil claim involved. However, when the statute of limitations elapses, the ability to pursue the case in court is generally lost. These time limits serve to promote fairness and safeguard defendants from being subjected to legal actions based on unreliable evidence or distant memories.
How Long Do You Have To File a Personal Injury Claim in Georgia?
In Georgia, individuals seeking compensation for personal injuries typically have a two-year timeframe to file their claims, starting when the injury occurred. This critical deadline applies to a range of personal injury cases, including:
- Car accidents
- Premises liability claims
- Pedestrian accidents
- Slip and fall accidents
- Catastrophic injury cases
- Wrongful death
Other Things That Can Impact the Statute of Limitations
In Georgia, several other critical factors can significantly affect case deadlines:
Victim’s Age
When the injured party is a minor, the statute of limitations is suspended until they reach 18. Following this, they have two years to submit a personal injury claim. Additionally, any claim by a parent or guardian for medical expenses must still be filed within two years from the date of the incident, irrespective of the minor’s age.
Claims Against Government Entities
If your injury was caused by the actions of a government body or one of its employees, you must adhere to different and more stringent regulations. Specifically, claims against municipal governments require you to file within a six-month window following the injury. In contrast, claims against the state of Georgia itself must be submitted within one year from the date of the injury.
Tolling of the Statute of Limitations
There are specific circumstances under which the statute of limitations may be “tolled,” or temporarily paused. For instance, if the defendant engages in fraudulent behavior that conceals their liability, or if the injured party is found to be mentally incompetent at the time of the injury, the clock on the statute of limitations may be paused. Additionally, if the defendant leaves the state, this may also allow for a tolling of the limitations period.
Recognizing these nuances is crucial since they may affect your deadline for filing a claim. Each point holds considerable weight for your case, making it wise to seek advice from an experienced personal injury attorney to effectively manage the complexities of personal injury claims in Georgia.
Contact Richard D. Hobbs & Associates To Learn More About the Statute of Limitations
If you suffered injuries in a personal injury accident in Georgia and wish to learn about your legal options or the necessary timelines, reach out to an experienced personal injury attorney at Richard D. Hobbs & Associates today.