What is the Statute of Limitations for Personal Injury Claims in Georgia?
If you were injured in an accident, it’s important to act quickly when it comes to pursuing legal action. Not only will you have a better chance of filing a successful claim if you begin the filing process immediately, but doing so within a certain amount of time is actually legally required. This is because Georgia, as in most states, has what is known as a statute of limitations that applies to civil lawsuits. These deadlines restrict the amount of time that a person has to file a legal claim. In Georgia, the statute of limitations for personal injury cases is two years from the date of the accident in question.
What is the Purpose of the Statute of Limitations?
Statutes of limitations may seem arbitrary at first, a way to keep claimants from seeking their rightful compensation from an at fault party. The reality, however, is that these deadlines play an important role in the civil liability process, as they ensure that any evidence used in the case remains available, isn’t lost or damaged, and that eyewitness memories remain fresh. The more time that passes between an accident and an eventual claim, the more likely it is that evidence will be lost or destroyed, meaning that it will ultimately become a lot more difficult for a claimant to make his or her case. These deadlines also protect individuals from being sued for events that took place many years in the past, making it possible for people to move on with their lives without having the worry of a potential lawsuit hanging over them for the foreseeable future.
The Consequences of Missing the Statute of Limitations
The repercussions of missing the statute of limitations are significant for claimants, who will be barred from filing a lawsuit if they miss this deadline. This means that accident victims suffering from potentially painful and expensive injuries could end up on the hook for paying for those injuries, even if they weren’t their fault. This is why it’s so important for accident victims to work with an attorney who can ensure that they file a lawsuit well before the expiration of the statute of limitations.
Exceptions to the Statute of Limitations
The statute of limitations doesn’t apply to all cases universally, but can be extended or tolled (paused) under certain circumstances. If, for instance, a victim was under the age of 18 years old at the time of the injury, then the statute of limitations can be extended until his or her 18th birthday. There are also exceptions in situations where a claimant was initially unaware of their injury, but identified it and positively linked it to the earlier accident at a later date.
The Legal Representation You Deserve
If you were injured in an accident in Georgia, you need an advocate who can fight for justice on your behalf. Call Shiver Hamilton Campbell at 404-593-0020 to start working with one of our experienced Atlanta personal injury lawyers on your case.
Sources:
law.justia.com/codes/georgia/2020/title-9/chapter-3/article-2/section-9-3-33/
law.justia.com/codes/georgia/2020/title-9/chapter-3/article-4/section-9-3-73/
