There are many factors that determine how long someone has to file a personal injury claim. This includes whether the accident occurred in Georgia. Fortunately for victims of accidents, no matter where they occur, most states follow similar rules for filing personal injury claims. These legal limitations are statutes of limitation. It provides guidelines for when a victim can expect to get compensation for their injuries.
Understanding Statute of Limitations
The statute of limitations is the period of time during which you can file a lawsuit. The law varies from state to state. Some states have a very short statute of limitations. While others have no statute of limitations for personal injury cases at all. In addition, some states do not recognize the statute of limitations as it applies in other states.
The purpose of these laws is to give plaintiffs a reasonable amount of time to seek legal recourse for a personal injury claim. However, there are a number of ways that statutes of limitation can be suspended or altered. Either for the plaintiff or for the defendant. If you have been in a personal injury case that was because of an accident and results in severe injuries or death. It is imperative that you contact the finest personal injury lawyer in Atlanta.
TIP: You should know the statute of limitations for each state you live in when you have the injury. This also applies if you were sustain injuries while visiting another state. If you are unsure what the statute of limitations is, contact an attorney. Hire someone who is knowledgeable about this area of law in your state. You can also call your local courthouse and ask if they can provide information.
Tolling the Statute of Limitations
In some states, the statute of limitations will “toll,”. This means that it will pause or stop running while one party is out of the state or otherwise unable to pursue his claim. There are a few things to consider when calculating the statute of limitations for a personal injury case. The statute of limitations begins to run when the event causing your injury takes place. However, there may be times when you do not know you have an injury or what is the cause of your injuries until years later. For instance, if the injured party was in a car accident outside the state. Then was unable to get medical treatment due to hospital bills, his personal injury statute of limitations would likely toll, giving him additional time to file a lawsuit.
In Georgia, however, a different rule applies. Under Georgia law, a person injured by someone else’s negligence can file a lawsuit at any time during his or her lifetime. However, if the person dies before filing a lawsuit, then his or her estate can still bring a claim based on injuries suffered before death, including those injuries that directly contributed to death if they were substantial factors in causing death. To find out if you are eligible for tolling and how long it would apply to your case, consult with a qualified attorney in your area.
Limitations on Your Personal Injury Claim
Georgia law limits personal injury lawsuits to two years from the date of the accident or discovery of an injury. This means that two years from the moment you suffer an injury that relates to someone else’s negligence, you need to sue them in court. Because if not, you risk your case to dismissal. However, this statute only applies if the defendant is within Georgia state lines.
You should be aware that some states have statutes that limit the amount that an injured party can recover from pain and suffering or emotional distress. In Georgia, for example, there is a cap on non-economic damages such as pain and suffering or emotional distress at $350,000. There are also limits in place for punitive damages for personal injury cases in Georgia, especially for trucking accidents.
If you’re suing someone who left the state before you suffered your injuries, then you have three years to bring your case to court.
Exemptions To The Rule
Georgia’s personal injury statute of limitations is two years. This means that you have two years after the date of an accident to file a lawsuit. Any lawsuit filing after the statute of limitations expiration will likely be dismissed by the court.
The following exceptions may cause you to have more time to file a personal injury claim:
*You must file claims against public entities within 180 days.
- *If your claim is for damages greater than $50,000. Then you have one year from the date of the incident to file your claim.
- *If your injury was caused by medical malpractice. Then you have three years from the date of discovery (or diagnosis) of the injury or death to file a claim.
- *If your case involves child sexual abuse. You have until one year after the victim turns 19 to file a claim.
The Court System in Your State Can Help
If your statute of limitations is fast approaching or has already expired, there may still be hope. In some states, the court system itself offers assistance with preserving evidence or getting information from witnesses.
Takeaway
The statute of limitation is a time limit on the filing of a claim or lawsuit. In Georgia, it is relatively short—a mere two years at most. Once that time has passed, the opportunity to recover from an injury has likely been lost forever. This is why it’s important to be aware of the time limits involved in your situation and to act quickly. If you or someone you love was injured by the negligence of another, don’t let this time limit pass you by. If your personal injury case is disabled by Georgia’s statute of limitations, call our Atlanta personal injury attorneys for more information about your rights.
