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The statute of limitations is a law that sets a time limit for bringing legal proceedings, whether civil or criminal, following an alleged offense. If individuals do not bring their claim within the allotted period, the court can prevent them from seeking compensation and justice. That is why understanding Georgia’s statute of limitations for personal injury claims is critical if you want to pursue legal action after an accident.
The Statute of Limitations in Georgia
Under the statute of limitations, the time allowed to bring legal action will typically depend on the nature of the offense and the jurisdiction. In Georgia, the statute of limitations for personal injury claims is two years from the date of the accident. However, it is important to note that if exceptions apply to this rule, this time period can change and, in some instances, become shorter or longer.
Are There Any Exceptions To the Statute of Limitations in Georgia?
The statute of limitations is generally inflexible, but there are some exceptions that can either shorten or lengthen this deadline. For example, “tolling” refers to pausing this deadline due to a certain situation. Tolling often occurs in cases of minority age, fraud, and mental incapacity. The statute of limitations deadline could also be extended if there is a medical problem, injury, or product defect that could not have been reasonably discovered within the allotted period.
In addition, if the defendant flees Georgia after causing a personal injury accident and the accident victim has not had a chance to submit their legal claim against them, the statute of limitations may also be paused. In this scenario, the deadline to file a legal claim will likely be stopped until the defendant returns to the state.
Georgia also recognizes a five-year statute of repose for medical negligence cases. This means the injured patient has a maximum of five years to pursue a lawsuit after the act that caused the injury to happen. There is also a ten-year statute of repose that applies to strict liability claims.
Other Deadlines That Can Impact Your Legal Claim in Georgia
If a person has a legal claim involving a government agency, additional timelines may exist. Government agencies are generally immune from civil liability, so pursuing a claim may not always be possible. However, when a legal case can be made, there are certain rules that need to be followed in pursuing the claim. For example, an ante litem or a pre-suit notice needs to be filed before a lawsuit against the government can be pursued. If this notice is not filed within certain time limits, then the claim cannot be made.
In Georgia, the ante litem notice time limit is one year for state and county governments or six months for the city. As a result, time is of the essence. If you were involved in a personal injury accident with a government entity, reach out to an experienced personal injury accident attorney in Georgia as soon as possible to review your legal options.
To Learn More About the Statute of Limitations for Personal Injury Claims, Contact Richard D. Hobbs & Associates Today
If you have been injured in a personal injury accident in Georgia and would like to learn more about your legal options or the statute of limitations, contact Richard D. Hobbs & Associates today. Our legal team can not only review the accident and determine if you have a viable claim, but we can also figure out how much time you have to file your case and ensure that all the necessary documentation is submitted before the deadline.