If you were hurt in an accident in Georgia that someone else caused, you could be owed compensation for your injuries and other losses. However, you have a limited window of time to bring a personal injury lawsuit to secure compensation.
This period is known as the statute of limitations. Once it passes, you will likely lose the right to pursue financial compensation through the courts. As a result, you could end up with significant out-of-pocket costs.
Brauns Law Accident Injury Lawyers, PC is here to answer your questions on the personal injury statute of limitations in Georgia and how it can affect your ability to secure compensation.
What Does the Statute of Limitations Mean?
The statute of limitations in personal injury cases refers to the time a person has to take legal action against someone who injured them. If you don’t take legal action within this time frame, the defendant can move to have your claim dismissed as untimely. If the court agrees, you will lose your ability to pursue financial relief through the legal system.
Georgia’s statute of limitations for personal injury cases is generally two years. This means that most injured individuals have two years from the date of their injury to file a personal injury lawsuit against the at-fault party. However, there are some exceptions to this rule.
What Are Some Exceptions for Running the Statute?
Georgia’s personal injury law allows some exceptions for the statute of limitations. In some cases, injured individuals may not know they are injured right away. The clock on the statute of limitations starts ticking on the day an injury is discovered, rather than on the date of the accident that caused the injury in these cases.
For example, if a person develops cancer due to an environmental hazard, they might not discover their illness for years or even decades after the exposure. In that case, the statute of limitations would not begin until the illness is discovered.
In other cases, the statute of limitations in a personal injury case may be “tolled” – or paused for a time. For instance, if the injured victim is a minor when the injury occurs, the statute of limitations could be delayed until they turn 18. The statute of limitations could also be tolled if the defendant is charged with a crime, allowing the criminal justice system time to investigate and prosecute the individual without preventing a civil plaintiff from eventually pursuing compensation.
Additional reading: can you sue someone for a hit and run in Georgia
Moving Forward with a Personal Injury Case
You shouldn’t hesitate to move forward with your case to be sure you can pursue the compensation you need. Most personal injury claims are settled before they reach the trial stage. However, a personal injury lawsuit might be your best option for getting the full compensation you deserve if you cannot reach a fair settlement during negotiations. To ensure you still have time to take legal action, you should hire an attorney and get started with your personal injury claim as soon as possible.
The longer you wait, the less time your attorney has to investigate the case and negotiate with insurers. You should collect whatever evidence you can at the scene of the incident, get statements from witnesses to the accident while it is still fresh in their minds, gather all documentation related to your case, and consult with a skilled personal injury lawyer right away.
Contact Our Personal Injury Lawyers in Duluth, GA Today
Were you injured in an accident caused by someone else? If so, contact Brauns Law Accident Injury Lawyers, PC today for a free consultation with a Duluth personal injury lawyer.
