Time Limits for Filing a Georgia Slip and Fall Case

Suffering an injury in a slip and fall accident is not only painful, but is also often stressful. In many cases, injured parties will need medical attention, may require treatment, and could have to take time off from work. The good news is that injured parties who can prove that their slip and fall accident was the cause of a property owner’s carelessness could have the option of filing a personal injury claim and seeking recovery for those losses. It’s important to note, however, that slip and fall claimants don’t have an unlimited amount of time to file such a case, but are bound by Georgia’s statute of limitations.

The Statute of Limitations 

Statutes of limitations are legal deadlines that dictate how long a person has to file a civil lawsuit against an at-fault party in court. These deadlines were put in place to give the parties involved a sense of closure, so that a defendant isn’t surprised by a lawsuit years after the incident in question. It also ensures that the memories of the parties themselves, as well as of any eyewitnesses who saw the accident remain fresh. The more time there is between an accident and the filing of a suit, the more likely it is that important details will fade. Finally, having a deadline in place for civil cases lowers the chances that important evidence will be misplaced or become degraded.

The statute of limitations isn’t the only deadline that can invalidate a slip and fall case. For example, in Georgia, injured parties only have a year to file a notice of claim with the government agency that is responsible for their injury.

Deadline for Filing a Civil Claim in Georgia 

Under Georgia law, accident victims have two years from the date of their accident to file a lawsuit. This deadline also applies to slip and fall victims, so someone who fell while at the grocery store because of a hazard on the property would have two years from the date of that fall to file a claim in court. Once this deadline passes, the injured party will miss out on the chance to recover compensation for his or her losses. While this may seem like plenty of time, the reality is that two years can pass relatively quickly, which is why it’s so important for injured parties to start the claims process as soon as possible.

The Statute of Limitations Doesn’t Always Apply 

There are some exceptions to the two year statute of limitations in slip and fall cases. This deadline can, for instance, be extended or tolled, in cases where the injured party suffers from mental incapacity or is under the age of 18 years old. It’s also possible to receive an extension if the injury in question wasn’t discovered until after the date of the accident. This extension applies most often in medical malpractice cases, where claimants may not immediately become aware that their provider committed some form of negligence during their treatment. In these situations, an injured party could have as long as five years from the date of the incident that caused their injury to file suit.

Here to Help with Your Slip and Fall Case 

At Shiver Hamilton Campbell, our Atlanta slip and fall lawyers are dedicated to helping accident victims seek compensation for their losses before it’s too late to do so. Let us put our experience and resources to use in your own case by setting up an initial consultation today.

Sources: 

law.cornell.edu/wex/statute_of_limitations

law.justia.com/codes/georgia/2020/title-9/chapter-3/article-2/section-9-3-33/