Georgia’s Statute of Limitations for Personal Injury Claims
Check out this guide on Georgia’s statute of limitations for personal injury claims. Learn how Tadeo & Silva Law can assist you in navigating these legal waters.
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What Is Your Legal Time Limit to File a Personal Injury Claim in Georgia?
The aftermath of a personal injury is highly distressing. If you have sustained physical, financial, and emotional damages or are grieving the loss of loved ones due to someone’s negligent or reckless actions, you have the right to seek compensation. However, you may not have the physical or emotional capacity to think about or initiate a personal injury lawsuit right after the accident.
In Georgia, you are not required to file a lawsuit immediately after the personal injury. Nevertheless, there is a limited time frame within which you may decide and present your injury claim in court. Missing this deadline means losing the right to sue for that accident. This time limit is known as the statute of limitations, and it varies from one case to another.
Consult a reliable personal injury attorney to know the exact statute of limitations that applies to your case. Reach out to our attorneys at The Tadeo & Silva Law Firm now for immediate legal support and guidance.
What Is the Personal Injury Statute of Limitations in Georgia?
The personal injury statute of limitations is the law that states the time you have to file suit after an injury caused by another person’s negligence, recklessness, or malice. The countdown begins when the accident occurs or injuries are sustained.
The statute of limitations is essential as it helps protect the defendants from unfair legal actions. Evidence may be lost or tampered with if too much time has passed since an accident occurred. Additionally, the details of the incident may not be clear in the minds of the witnesses.
The Georgia personal injury statute of limitations is two years, according to OCGA §9-3-33. However, there are exemptions based on the nature and circumstance of the personal injury. It is, therefore, essential to seek advice from an Atlanta personal injury attorney to ensure that you are within Georgia’s personal injury statute of limitations for your specific case.
Here is the Georgia statute of limitations for the different personal injury cases in Georgia:
Wrongful Death Claims
If your loved one was involved in an accident that led to their death, you have two years to file a wrongful death claim. Georgia wrongful death lawsuits can be brought by the deceased’s spouse or adult children. If the deceased had no spouse or children, a parent can file the claim. If there are no surviving relatives, a claim can be brought by the personal representative or the deceased’s estate.
Car accident lawsuits must be brought within two years of the accident. In case of death from an accident, the case is handled as a wrongful death.
If you become a victim of a dog attack, you must file your dog bite lawsuit within two years. You can claim on behalf of your child if they are a minor. However, remember that the ‘One bite rule’ applies in Georgia when making dog bite claims. This rule states that you can’t claim if this is the first time the dog has bitten someone and no serious injuries are sustained.
In Georgia, the statute of limitations for slip-and-fall cases is generally two years. This means that individuals who get injured in a slip-and-fall accident have two years from the date of the incident to file a personal injury lawsuit. Contact an Atlanta slip and fall lawyer for legal support and guidance.
You can pursue legal action for cases involving property damage within four years. Such a claim applies to both commercial and personal property. According to Georgia law, only the legal property owner can make this claim.
In medical malpractice cases, you have two years from the day of the medical negligence or wrongful death accident to sue. In cases where a medical device was left inside the body, the victim must bring their claim within one year.
Exceptions to Statute of Limitations
There are some exemptions to the Georgia statutes of limitations for personal injury lawsuits that may apply to your case. Exceptions may apply when:
The injured party is a minor below 18 years: The two-year statute of limitations begins on their 18th birthday.
There is a delay in the reasonable discovery of an injury: The statute of limitations kicks in the day the injury is discovered, not when the accident occurred.
The injured person is mentally incapacitated: The two-year statute of limitations begins when their mental capacity is regained, provided it’s not more than five years.
The defendant is out of state and can’t be served with a lawsuit.
Lawsuits against the city, county, or state: Actions must be brought as soon as six months.
Why Does the Statute of Limitations Matter?
If you exceed the statute of limitation for personal injury to file your claim, you lose your legal right to sue for personal injuries. This means that the at-fault party can no longer take responsibility for your medical expenses, for instance.
With all the issues you’re dealing with as a personal injury victim—getting medical care, handling emotional trauma, and trying to get back to normal life—it’s easy to miss the deadline for filing your lawsuit. Therefore, it is essential to consult a Georgia personal injury lawyer as soon as possible for guidance. An attorney will ensure your case is filed on time.
Steps to Take if You’re Injured in Georgia
If you have been involved in a personal injury accident in Georgia, you should:
1. Seek Medical Attention
The critical role of medical attention in personal injury cases is undeniable. Visit a medical professional soon after the accident for treatment and legal documentation of all the injuries sustained.
2. Consult a Personal Injury Lawyer
Most personal injury cases are too complicated to handle independently, especially if you don’t understand the legal mumbo-jumbo. Remember, you will be fighting against an insurance company and its attorneys. Consult our personal injury lawyer at The Tadeo & Silva Law Firm, and let us help you recover the compensation you deserve.
Get Started on Your Personal Injury Claim Now
Reach out to the lawyers at The Tadeo & Silva Law Firm as soon as possible to secure your right to file a claim and recover fair compensation. Schedule your consultation today with an experienced and compassionate personal injury attorney.