Is There a Statute of Limitations For Personal Injury Cases in Georgia?
When it comes to filing a civil suit in a personal injury case in the state of Georgia, there is a time limit known as the statute of limitations. A statute of limitations determines how long you have to start proceedings in a case. In Georgia, you have two years to file your personal injury case.
This means that before you know it, your statute of limitations could run out. It is therefore crucial to contact a personal injury lawyer sooner rather than later. Our lawyers at Prieto, Marigliano, Holbert & Prieto, LLC have the experience and knowledge to guide you through the process of filing your personal injury claim. Time is of the essence. We can help you file your claim correctly and avoid delay.
Statute of Limitations
The statute of limitations for personal injury claims in the state of Georgia ends after two years, but when does the clock start? Generally, statutes of limitation begin after the discovery of an injury or its cause. This is known as the accrual of claims.
When the accrual of claims begins depends on the nature of the damage suffered.
For personal injury claims, the statute of limitations almost always begins on the date of the incident.
In other words, whether you have been injured in a car or truck accident, the date of the accident is when the clock starts to run on your time to file. This generally does not change – even if you do not realize the true severity of your injuries until long after the date of your injury.
Extending The Statute Of Limitations
In the state of Georgia, there are three ways you can extend, or “pause,” your statute of limitations. This pause is known as tolling. If something tolls the statute of limitations a year after the accrual of claims, you’ll have another year to file your suit after the case is no longer tolled.
The first of these three ways is, if a minor was injured in a car accident, he has until his 18th birthday before the clock begins to run. Next, if a person suffers from a mental illness or intellectual disability that renders him legally incompetent, the statute of limitations will be tolled until he is found legally competent and able to stand trial.
Finally, if the defendant leaves the state of Georgia after the incident, but before the plaintiff can file a suit, you may be allowed to pause the clock until the defendant returns.
After The Statute Of Limitations Has Expired
Say you suffer a serious injury, but you wait three years to file your lawsuit against the other party. Rather than receiving the compensation you deserve, the court will, more than likely, dismiss your case. This is because the law is designed to relieve individuals of the lingering threat from a potential lawsuit after a certain amount of time.
Remember: the severity of your injuries, unless they make you legally incompetent, does not toll the statute of limitations. Whether your injuries are relatively minor or life-altering, the two-year time limit is a firm one. This is the maximum amount of time the state of Georgia believes you need to determine the extent of your personal injury claim.
This is why you need to file your claim as soon as possible. And contacting the lawyers at Prieto, Marigliano, Holbert & Prieto, LLC is a great way to get started.
Concerned About The Statute of Limitations? Call Us!
The statute of limitations on personal injury cases in the state of Georgia is a concern you should be aware of. You may have suffered an injury that laid you up in the hospital, rendering you unable to file a claim until you recover. If this is the case, then it is more important than ever that you file your claim now, rather than later.
You also want to make sure your claim is flawless the first time. If it gets kicked back for any reason, this can interfere with the date of filing. Push it out too far and you may not be able to recover the money you deserve.
Here at Prieto, Marigliano, Holbert & Prieto, LLC, we have all the tools at our disposal to help you file your personal injury claim properly the first time and on time. Call us today at (855) 329-7144, or fill out the contact form to the right. With only two years from the date of the incident to file your claim, you will be much better off contacting us sooner, rather than later.
There is no charge for your initial consultation, and no obligation to retain. With no further delay – call now!