If you get injured in any sort of accident, you may end up having to file a lawsuit. While this is a last resort, sometimes, it’s the only option. If the defendant refuses to settle your claim, the only way to protect your interests is by taking legal action. The statute of limitations in Georgia varies by the type of lawsuit you are filing.
Some of the different sorts of lawsuits you may need to file in Atlanta, Georgia include the following:
Most of these fall under the general category of personal injury. However, there are certain rules for things like medical malpractice and wrongful death.
Every state has a law dictating how long you have to file a lawsuit. This is the case no matter what type of case you need to file. This law is called the statute of limitations. The statute of limitations sets a strict time limit on when your case must be filed. If you miss the deadline, your case will be dismissed. It’s important to know a few things when it comes to the statute of limitations:
- How long is it?
- When does it start?
- Are there any exceptions?
- What happens if you miss the statute deadline?
The good news is that your Georgia personal injury lawyer is very familiar with these deadlines. Not only did they study them in law school, but they’ve been dealing with them their entire careers. This is one benefit of having a personal injury lawyer in Atlanta. You can rest assured that they’ll make sure your case is filed in time. This way, you won’t be at risk of having your claim forever barred.
The Statute of Limitations for Most Personal Injury Cases in Georgia is 2 Years
If you are involved in any sort of personal injury in Atlanta, the statute of limitations is generally two (2) years. This means you have 2 years from the date of the accident or incident to file your civil lawsuit.
It’s really important to understand when this period starts. It doesn’t start when you get out of the hospital. It doesn’t even start when you find out you’re actually injured. It starts on the day of the accident.
So, if you’re involved in a car accident on May 1 of 2020, the statute of limitations starts May 1, 2020. Or, if someone’s dog bites you on July 2, 2020, you need to file suit by July 2, 2022.
There are a few types of injury cases that have longer statutes of limitations period. These are few and far between. Two important exceptions include:
- Medical Malpractice/Medical Negligence may be extended to 5 years in certain circumstances
- Product Liability is either 2 years or 10 years from the date on which the product was manufactured, whichever is longer
If you don’t file your case before the statutes of limitations period expires, your case will be dismissed forever. The court makes no extensions and there are very few exceptions to this rule.
Are There Situations in Which the Statute of Limitations is Extended?
When someone says the statute of limitations has been tolled, it just means it’s extended. There are very few situations in which this happens in Georgia. Some of them include:
- The plaintiff is a minor
- The plaintiff is suffering from a physical or mental disability
- The defendant is fraudulently trying to cover up the injury or accident
- Your injury could not have been reasonably discovered until a date after the initial accident or incident
Call and Talk to an Experienced Personal Injury Lawyer in Atlanta Today
If you’ve been injured in any sort of accident, you really should call a personal injury lawyer. Not only will they make sure you don’t miss the statute of limitations – they’ll also work hard to get you the compensation you deserve.
Two (2) years may sound like a lot of time to file your lawsuit. But you have no idea how quickly time flies, especially when you’re injured. And, you may not even realize when the two years begin. If you make a mistake and think it starts the day you find out your insurance claim was denied, it can cost you dearly.
This is why you should call today and schedule your free initial consultation. Take the chance to sit down with a skilled accident injury law firm in Atlanta who has handled dozens of cases just like yours. Our attorneys have decades of combined experience handling personal injury lawsuits. They’ll answer any questions you may have. They can also give you an idea of what your case may be worth. The consultation is free and you don’t pay a dime until you win or settle your case.