September 6, 2017
Time limit. There are statutes of limitations in every claim you consider filing. It is important that evidence is fresh, and that lawsuits are not filed too far after an incident has transpired. In many states, like the state of Georgia, there is a two-year time limit with civil claims for personal injury case. The time will typically begin as soon as an injury is acquired, so it is imperative to move forward with your case as soon as possible. There are times when statutes of limitations are put on hold.
Typically, the limitations begin when the injury or incident that caused the incident occurs; however, there are some cases where the time does not begin until injuries have been discovered. Statute of limitations applies to every injury-related personal injury case.
There are some differences when concerning an injury claim against a city or county. With a city or county claim, you will have six months to file a formal claim. For claims against the state, you have two years. When concerning these claims, if you decide to move forward it is best to look deeper into the requirements.
It is important to speak with an experienced attorney, like a personal injury attorney Atlanta GA trusts, as soon as possible, as to avoid the possibilities of having your case refused by the courts. You can lose your right to compensation for your injuries if your lawsuit is filed after the window has closed.
Although the statute of limitations many for personal injury claims in Georgia is two years, there are several potential exceptions:
If the plaintiff is under 10 years of age, the statute will not begin to run until he turns 10.
A cause of action for consortium, which often accompanies a personal injury lawsuit, is four years.
If a foreign object was left in the body of a person after surgery, the victim only has one year from the date the object was discovered to file a lawsuit.
The “Discovery Rule” can also extend the statute of limitations in product liability cases from to the date the injured person either knew or should have known of the injury or the cause of the injury. Each case is fact specific so great care should be taken when evaluating any potential exception to one’s statute of limitations.
Andrew R. Lynch, P.C.Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into statute of limitations and personal injury practice.