What Is The Statute of Limitations For Personal Injury Claims In Georgia?

Following an unexpected accident, it is understandable that your primary priority would be recovering from any injuries that you sustained. Such recovery may be lengthy, however, and some accident victims are left permanently disabled. Recovery may involve serious medical procedures, periods of rest, rehabilitative programs, and readjusting to everyday life. It is not a surprise that injured victims often have difficulty focusing on anything else during their recovery. Let our wrongful death lawyers in Cumming, GA explain.

Furthermore, even though many injured accident victims may wonder what their legal rights may be, they may be intimidated by the legal process and may believe that a lawsuit will only add more stress to their lives. These factors are only some of the reasons why injured victims put off discussing a potential case with an experienced personal injury attorney.

Statute of Limitations

Unfortunately, if an accident victim waits too long to pursue a legal claim, they lose their opportunity to recover for their losses. This is because Georgia law¹ sets out a strict deadline for accident victims to file a claim for personal injury. In legal terms, this deadline is referred to as the statute of limitations.² The statute of limitations in Georgia for claims related to personal injury is two years from the date the injury was sustained. After that two year period, the court will likely dismiss any lawsuit you attempt to file.

The law does allow for certain exceptions to the two year deadline, however. The following are two notable exceptions:

• If the injured victim is legally incompetent to file a claim, the time limit may be paused until he or she is found competent.
• If the injured victim is a minor, the time limit may be extended until two years after the victim turns 18 years old.

If there is another reason that an injured victim believes that the statute of limitations should be extended, the courts will generally evaluate the argument on a case by case basis.

Contact a personal injury lawyer as soon as possible

If you have suffered injury, you should not delay in consulting with an experienced Atlanta personal injury attorney. Preparing a claim can take time and you do not want to risk waiting too long. Call the office of Spaulding Injury Law today at (770) 744-0890 for a free consultation.

¹https://law.justia.com/codes/georgia/2010/title-9/chapter-3/article-2/9-3-33/
²https://www.law.cornell.edu/wex/statute_of_limitations