When an injury occurs due to someone else’s actions or on their property, you may wish to collect damages via a personal injury lawsuit. Before you can begin the lawsuit itself, though, you must file a personal injury claim. Unfortunately, you don’t have forever to take action and recover compensation to help cover the costs associated with your injury. There is a time limit for pursuing a lawsuit in Georgia, which is known as the statute of limitations.
In Georgia, the statute of limitations for personal injury cases is typically two years after the date of the injury. There are some exceptions to this rule, but many of them simply pause the statute of limitations rather than changing it.
Regardless of the circumstances of your case, it’s important to understand the statute of limitations. It affects your ability to seek compensation, and there are legal implications for filing late, including potential case dismissal.
Thompson Law is experienced in handling time-sensitive claims and can help you act promptly if you’re considering a personal injury lawsuit. Below, we break down what you need to know about the personal injury statute of limitations in Georgia, including exceptions, consequences for filing late, and how to ensure you file within the time limit.
A statute of limitations is the legal time limit within which a court complaint can be filed. It dictates when a private individual in a civil case must file a lawsuit, or when a government prosecutor must bring criminal charges against a defendant in a criminal case.
In most cases, the statute of limitations starts when the injury, crime, or wrongful act occurs. However, this is not always true; in some cases, the clock may not start ticking until the harm is discovered (discovery rule).
Each state has its own statute of limitations for civil and criminal cases. The timeframes may vary depending on the type of case (civil, criminal, or contractual) and jurisdiction.
Regardless of its length, once this period comes to an end, legal claims and prosecution are both typically barred. That’s why it’s crucial to understand and adhere to the deadlines that apply to your case.
According to The Official Code of Georgia Annotated § 9-3-33 (O.C.G.A.), the statute of limitations for personal injury lawsuits in Georgia is two years after the date of injury. This timeframe applies to common personal injury cases like car accidents and slip-and-fall incidents.
If you’re interested in pursuing a personal injury lawsuit, you must file a claim within the statute of limitations. Otherwise, your claim may be dismissed, and you may lose your right to collect compensation.
Failing to file within Georgia’s statute of limitations will most likely lead to your case being dismissed. That means that you may be unable to recover the damages you’re entitled to. Once the deadline at the end of the statute of limitation passes, you will not be able to seek legal relief or compensation.
However, some circumstances, like newly discovered evidence, can extend or toll (pause) the statute of limitations. Cases involving minors, the discovery rule, mental incapacitation, and fraud may all also allow for delayed filing of a personal injury claim.
In general, though, missing Georgia’s statute of limitations can permanently bar your personal injury claim. As a result, it may be wise to consult with a lawyer sooner rather than later if you’re unsure about the statute of limitations for your case or when to take action.
There are a few main exceptions to the statute of limitations for personal injury claims in Georgia. In circumstances like these, the statute may be tolled or extended. Let’s take a closer look at instances that may be an exception to the normal time limit.
Georgia’s statute of limitations for personal injury claims may begin later than the day of the injury if the injury or its cause wasn’t immediately apparent.
For instance, a plaintiff may receive a delayed diagnosis of a medical condition or harm caused by exposure to toxins. In this case, should the plaintiff decide to sue the party who exposed them to the toxins that led to their injury, they have two years from the date of discovery, not the date of injury.
This is thanks to the discovery rule, which permits tolling the statute of limitations until the plaintiff first discovers or reasonably should have discovered the injury.
If a defendant leaves the state of Georgia, which makes it impossible for a plaintiff to file their claim within the standard timeframe, the statute of limitation may pause. A defendant who engages in fraud or hides the injury (or their role in it) may also cause delays that could affect the statute of limitations. This exception is to allow a plaintiff time to deal with an evasive defendant.
Plaintiffs who are mentally ill or incapacitated may have the statute of limitations on their cases tolled until they are no longer incapacitated. This gives them additional time to practice their right to file a lawsuit.
In cases where a plaintiff was under 18 at the time of the injury, the statute of limitations may be paused until the plaintiff reaches 18. Once they reach this age, their statute of limitations clock starts ticking, giving them two full years within which they can file a claim.
Acting within the statute of limitations is essential if you’re looking to receive compensation for a personal injury. However, navigating all of the information and legal proceedings involved in a lawsuit within this timeframe can be challenging. That’s why it’s important to consult an attorney at Thompson Law to receive the guidance and expertise you might need during this time.
Thompson Law can assist clients like you in understanding the statute of limitations for your case. We can also help ensure that your claim is filed correctly and in a timely fashion. Our firm has the knowledge necessary to help you manage complex cases, identify potential exceptions to the statute of limitations, and secure maximum compensation when you file.
Our experience in Georgia personal injury cases helps us ensure our clients’ rights are protected. We’ve recovered over $1.9 billion for our clients across dozens of unique personal injury cases. And, thanks to our contingency fee model, you don’t pay for our services unless we win money for you.
Don’t wait to take action if you’ve been involved in a personal injury incident and are considering pursuing a lawsuit. The clock starts ticking on the date of the injury – with some exceptions – which means the time to act is now.
Consulting a lawyer is one of the simplest but most effective steps you can take to protect your rights, build a strong case, and ensure you file properly. Contact Thompson Law today for a free consultation to get started. And remember – you won’t pay unless we recover compensation for you.
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.
