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Learn About the Georgia (GA) Statute of Limitations: Personal Injury
If you were hurt by the acts or negligence of another, you need a GA Statute of Limitations Personal Injury lawyer to help with the process. Call Do Law Office.
Limitation of Time on Personal Injury Suits
If the wrongful actions of another have caused you harm, you might be able to receive compensation for your pain and suffering, as well as your medical expenses.
However, it is essential to start your compensation claim as soon as possible because there is a stipulated time limit within which to file personal injury cases in court. After the time elapses, you can no longer file a claim for compensation in court, as your claim would have become invalid.
What Is the Statute of Limitations on Personal Injury in Georgia?
Generally, Georgia’s statute of limitations on personal injury cases is a set of statutory provisions that prescribe strict deadlines for filing different types of personal injury lawsuits. The judges, lawyers, plaintiffs (the person who initiated the case), and the defendant must all obey these deadlines for the lawsuit to proceed legally. Initiating a lawsuit after the set time has passed is usually a waste of time, hence the need to act quickly.
Each state has its own statute of limitations on personal injury cases, and the stipulated time frame differs from state to state for each subject matter. When it comes to Georgia, the statute of limitations is usually two years, starting from the date of the injury.
You must present civil cases such as car accidents, wrongful death, and other personal injury claims to the court within the specified timeframe. Otherwise, your claim won’t be considered valid. However, in certain circumstances, Georgia’s statute of limitations may vary.
Examples of Georgia Statute of Limitations in Personal Injury Claims
While the general time to file a valid personal injury claim is two years, there are some variations in the time frame depending on the specific subject matter. Some of those cases are highlighted as follows:
In Georgia, the person who suffered as a result of another person’s negligence should file a lawsuit within two years. However, there are some exceptions in the legal world. For example, if the injury resulted in the loss of consortium, the time to file a claim is extended to four years. However, only married couples can bring these types of claims since they provide compensation for the disruption of a married couple’s overall quality of life because of the spouse’s injury. Claims involving loss of consortium can also include compensation for the injured spouse’s inability to perform usual household duties and the emotional distress the claimant suffers from the injury.
Medical Negligence and Medical Malpractice
Medical negligence occurs when a medical doctor or professional commits an avoidable but unintentional mistake. In contrast, medical malpractice connotes intentional negligence by a medical professional.
Aggrieved patients have only two years from the date of injury to bring a lawsuit for medical malpractice. Medical malpractice claims for wrongful death can be initiated by a victim’s spouse, child of legal age, parent, or sibling.
In some specific circumstances, the time limit to file a case of medical negligence could be extended to five years. However, with medical malpractice, the clock doesn’t start ticking when you receive improper medical treatment unless you suffered an injury simultaneously. The time starts to count only when the damage or harm to your body is discovered.
If you need more information on these exceptions, consider hiring a personal injury lawyer.
The injured person can file a lawsuit within two years in Georgia regarding dog bite injuries. If your child or a minor has suffered from dog bite injuries, you can sue on their behalf.
Wrongful Death Claims
A wrongful death lawsuit in Georgia has a two-year statute of limitations after the fatal accident. In such an instance, only four categories of people may file a claim for the benefit of a deceased loved one.
If the deceased person is married and has minor children, their spouse is responsible for filing the wrongful death lawsuit. Most of these lawsuits are filed on behalf of the children, but the spouse of the deceased is entitled to a third of any recovery. If the victim doesn’t have a spouse and their children are of adult age, they are responsible for filing the lawsuit.
If the deceased person doesn’t have a spouse or children of legal age, the manager of the estate can bring the case to court under Georgia law.
Personal injuries at the workplace in Georgia are not subject to the two-year deadline. You can only file for workers’ compensation claims within one year after the accident or injury occurred, or the illness was diagnosed.
Vehicle Accident Claims in Georgia
One of Georgia’s most common personal injury lawsuits is related to auto accidents. You can file an individual injury car accident claim within two years of the incident. The statute of limitations countdown for car accidents begins when an accident occurs.
If the victim died in the accident, it becomes an issue of wrongful death. In that case, the case would follow the same rules for that specific cause of action mentioned earlier.
What If You Are Injured Because of a Government Entity or Employee?
Personal injury cases involving the government are subject to different procedures. First of all, the person who suffered an injury must first file a special claim with the government agency itself before they can file suit in civil court. In addition, Georgia’s personal injury statute of limitations period is significantly shorter in these cases. In other words, you’ll have months from the date accident occurred to sue certain municipalities or up to a year to hold the state or a county accountable.
Can the Statute of Limitations Be Extended?
In Georgia, the statute of limitations usually cannot be extended, so filing your case as soon as possible is essential.
If your injury occurred a while ago, you might be wondering if you still have time to bring your claim before a court. If that is the case, consider hiring an Atlanta auto accident lawyer who will be able to determine exactly how much time you have left to file a suit based on the facts you provide.
Though the general rule is to respect the specified duration of the statute of limitations, the law allows for some exceptions in some instances.
The statute of limitations can be tolled, meaning you may have more time than two years to present your case. For example, if a minor suffered a personal injury due to another’s actions, the statute of limitations only starts to count after the minor turns 18.
The Georgia Supreme Court also has the power to suspend the statute of limitations in cases of emergency, such as during the COVID-19 pandemic. There may be other exceptions to the statute of limitations.
If you’d like to know whether you still have time to file your personal injury case, consider scheduling a one-on-one consultation with a personal injury lawyer who can properly analyze your case and answer any questions you might have.
How a Lawyer Can Help With Your Case
It would help if you considered consulting with a Georgia personal injury lawyer as soon as the accident occurs and you are physically able to take action.
A personal injury attorney can help with your case in several ways.
They can represent you and handle all discussions with the insurance company on your behalf.
Your lawyer can also file your case against the insurance companies or the person at fault in court if they fail to provide you with the rightful compensation for your injury claim.
Your lawyer can also help to determine whether or not your claim has been invalidated by the Statute of Limitations and save you time and valuable resources.
If you need help with your personal injury lawsuit or want to learn more about Georgia’s statute of limitations, consider contacting Do Law Office for a consultation on your case. We believe that a reliable attorney-client relationship is pivotal for the success of any case. Let our personal injury lawyers do the hard work while you rest and heal. Schedule a consultation with a Vietnamese car accident lawyer in Atlanta today to determine the ideal strategy for your case.
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