Understanding Georgia’s Statute of Limitations on Personal Injury Cases

After you've been injured, navigating the legal system and seeking compensation can feel stressful and confusing. Not only are you trying to heal, but you may also be dealing with medical bills, missed work, and more. If you decide to wait to take action in your personal injury case, you could miss your chance to receive compensation. Understanding Georgia's statute of limitations on personal injury cases is important to ensure you get the compensation you deserve. 

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum amount of time a person or party has to bring a lawsuit to trial following the time of the event. This is because certain evidence can be lost or destroyed over time, or witnesses' memories may be changed or forgotten. 

What Is Georgia's Statute of Limitations for Personal Injury Cases?

In personal injury cases, there are different time limits for suing in civil cases. If a lawsuit is not filed within the allotted time frame, the individual may be barred from filing the suit. That’s why it is important to contact a Georgia personal injury attorney as soon as possible.

Exceptions

Georgia has outlined some exceptions to this statute of limitations, including: 

• Age: If the injured were under the age of 18 during the time of the incident, they have until two years following their 18th birthday to file a claim. However, parents or guardians can file on their child's behalf.
• Disabilities: Those determined legally incompetent, such as from a mental illness or learning disability, have two years after their disability has been "removed"-- meaning they are no longer deemed disabled– to file a claim. 
• The defendant leaves the state: If the defendant in the case leaves the state, the two-year deadline is put on pause until they return to the state. 
• Fraud: If the defendant committed fraud that prevents the injured from filing a claim, the deadline pauses. 

There are also other cases where the deadline may be paused or extended, such as if the injured is married or the defendant is being prosecuted for a crime. The statute of limitations also changes in medical malpractice cases and wrongful death. 

Schedule a Free Consultation

If you have been involved in a personal injury case in Georgia, it's important to speak with a personal injury attorney right away. Contact Kelleher Law today at (833) 546-3675 or submit a contact form online. Their team can provide expert advice and services in the Metro-Atlanta area, and Fort Myers and Naples, FL.