Filing a personal injury lawsuit on time is essential to be eligible to receive the compensation that you deserve for your injuries. Every type of claim has a specific statute of limitations that describes how long an individual has to file a claim before the court will no longer accept their application. It is essential to file a personal injury claim as soon as possible so that you don’t pass the time frame set by Georgia’s statute of limitations. In the state of Georgia, the statute of limitations for a personal injury case is 2 years.
With personal injury lawsuits, the statute of limitations doesn’t always begin on the date of the accident. In some cases, the statute of limitations may begin when the injuries were actually discovered even if they were discovered months after the accident. For this to occur, the court must determine that the individual was taking every reasonable step after the accident to discover the damage. Because the statute of limitations may vary depending on the specific personal injury case, it’s important to work with an experienced personal injury lawyer in Georgia in order to ensure that you are filing your claim on time and without any complications.
How long do I have to file my lawsuit in Georgia?
- Personal Injury Case: 2 years
- Car, Truck, or Motorcycle Accident: 2 years
- Wrongful Death Case: 2 years
- Fraud: 2 years
- Property Damage: 4 years
- Medical Malpractice: 2 years (5 year maximum)
- Assault & Battery: 2 years
What if it’s too late to file a lawsuit?
So what can you do if you have already passed the statute of limitations for your case? In most cases, the statute of limitations is unwavering and rigid. Once the time stated by the statute of limitations has passed, your case will no longer be accepted by the court. However, there are a few exceptions that may allow a statute of limitations to be extended.
If the person injured or affected in the case is under the age of 18, the statute of limitations will not begin until the minor reaches the age of 18. On their 18th birthday, the statute of limitations then begins and for a personal injury case, the individual now has 2 years to file a lawsuit.
If an individual is proven to have a mental incapacity that affects the speed of their case, the court may decide to extend the statute of limitations.
For example, if an individual is involved in an accident that causes them to go into a coma, the statute of limitations would not begin until the individual has woken up from the coma. Likewise, if an individual suffers from dementia, the court may decide to extend the statute of limitations based on a special case of mental incapacity.
Late Injury Discovery:
After an accident, personal injuries may not be detected straight away. If an injury from an accident is detected later after the actual day of the accident, the court may decide that the statute of limitations begins on the day of the injury detection instead of the day of the accident. This extension is only allowed if the injury or medical problem could not have reasonably been discovered within the statute of limitations.
In addition to these potential extensions of the statute of limitations, the state of Georgia recognizes a 5-year statute of repose for medical negligence claims and a 10-year statute of repose from the date of manufacture for strict liability claims.
Don’t miss out on compensation, seek expert advice.
Make sure that you aren’t filing your lawsuit too late by working with the experts at Lamar Law Office. If you need help filing a personal injury case, Anita Lamar has the experience and the knowledge to help you file your lawsuit according to the statutes of limitations and ensure that you receive the proper exceptions according to your specific circumstances.
To learn more about Georgia’s statute of limitations, contact Lamar Law Office today.