What Is A Statute Of Limitations
Every cause of action under Georgia law has its own applicable statute of limitations period. In Georgia, personal injury actions must be brought within two years of the date of injury. Many technical rules may affect the statute of limitations period. For example, you may have suffered injuries but not discovered the symptoms until months or years after the date of injury. Under these circumstances, the statute of limitations period may begin to run after you first notice the symptoms associated with your injuries.
Due to these complex issues regarding the statute of limitations period, it is highly advisable that you contact an experienced personal injury lawyer. Slappey & Sadd, LLC has years of experience helping injured victims seek financial compensation for their injuries. Contact Slappey & Sadd, LLC at 888-474-9616 to learn more about the legal services we offer.
What Happens When The Statute Of Limitations Runs Out
When the statute of limitations runs out on a case, an injured party is usually prohibited by law from pursuing his/her personal injury claim. While the statute of limitations for a personal injury claim in Georgia generally is two years from the date of injury/incident. However, there may be certain extenuating circumstances which may toll and/or extend the statute of limitations, including but not limited to, reaching the age of majority and pending criminal proceedings. Thus, it is important to immediately consult with an attorney when you are injured due to someone else negligence.
Criminal Law Statute Of Limitations Georgia
The statute of limitations in criminal law sets the time period in which the state can pursue charges against the defendant in order to bring a case to trial. If you are accused of felony theft, for example, the state has 4 years from the time the crime occurred to officially charge you. If the state attempts to pursue charges 5 years after the act, you may be able to have the case dismissed based upon the statute of limitations.
In Georgia, there are two types of crimes for which there is no statute of limitations. This means that charges can be filed at any time for these crimes no matter how much time has passed since the crime occurred. The crimes with no statute of limitations in Georgia include all murder cases in addition to serious felonies such as rape, kidnapping, or armed robbery when provable with DNA evidence.
In most cases, the statute of limitations simply begins on the date on which the wrongful act took place. However, there may be occasional exceptions, which we will explain further below.
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Statutes Of Limitation: Strict Legal Deadlines Carry Serious Consequences
In Georgia’s civil court system, statutes of limitation determine just how long plaintiffs have to file a claim. Although these statutes can leave some personal injury victims feeling rushed, the timely legal actions ensured by these deadlines are designed to help both the plaintiff and defendant. Plaintiffs benefit from access to fresh evidence that helps prove their cases, and defendants don’t have the threat of legal action hanging over them indefinitely.
The lawsuit filing deadlines established by Georgia statutes of limitation are extremely strict. Trying to file a lawsuit after the statute of limitations expired results in automatic dismissal of the case and forfeiture of the victim’s right to seek a legal remedy for their losses.
Unable To Determine The Severity Of The Injury
Occasionally, the victim in an accident might not immediately realize the serious nature of their injury. Perhaps the injury was not noticeable after the accident. Regardless, the condition could steadily worsen, limiting the victims mobility later.
In a case like this, the victim may be able to argue for an extension to the statute of limitations. They could claim doctors could not have reasonably found the injury within two years.
With the help of a personal injury attorney, you do not have to worry about discovering deadlines yourself.
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What You Should Know About Georgia Personal Injury Statute Of Limitations
If you or a loved one were hurt in an accident, you may be entitled to compensation. Georgia has a statute of limitations for personal injury cases. Call Blasingame, Burch, Garrard & Ashley. Dont wait:
If you have suffered a personal injury, you should carefully consider whether to bring a lawsuit for compensation.
Nevertheless, Georgia law will give you a short window of time to make up your mind and file your lawsuit.
You can find the amount of time in Georgias applicable statute of limitations.
It is vitally important that you file a lawsuit within the statute of limitations period, otherwise, your case will be dismissed.
If you have suffered injuries due to another partys negligence, fill out the form below with the details of what happened:
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Extending The Deadline To File A Personal Injury Lawsuit In Georgia
The deadlines imposed by statutes of limitations are considered hard deadlines. Courts are often unwavering in their refusal to entertain cases submitted after the statute of limitation expires. However, there are circumstances where plaintiffs can extend the deadline and get more time to prepare their cases to be filed. Our Atlanta personal injury lawyers can determine if your situation calls for an extension of the statute of limitations.
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Georgia Personal Injury Legal Team
An accomplished Atlanta personal injury lawyer at Grant Law Office can help you determine whether you have a valid claim if you or a loved one has been injured as a result of another person’s negligence or wrongdoing. Our legal team and staff will provide compassionate and skillful guidance throughout the judicial process. To learn how we can help you during this difficult time, call 995-3955 for a free and confidential consultation.
Contact us today for a free and comprehensive case evaluation.
We require no legal retainer or upfront fees, and you pay nothing unless we prevail.
Georgia Personal Injury Lawyer Disclaimer: The legal information offered herein by Grant Law Office, is not formal legal advice, nor is it the formation of an attorney client relationship. In order for our firm to be considered your attorney there must be a signed agreement between the client and the firm. Any results set forth herein are based solely upon the circumstances of that particular case and offer no promise or guarantee on the outcome of any other case. Please contact an attorney for a consultation.
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What Is The Discovery Rule In Georgia
In the typical personal injury case, the so called discovery rule does not apply. This rule states that the statute of limitations does not begin to run until the person discovers the injury. But in Georgia, the statute of limitations begins to run when the injury occurs, regardless of whether you know you are injured. For example, if you have a hairline fracture as the result of an accident, but it is not discovered until a month later, the statute of limitations starts to run when the injury occurred, not a month later when you discovered it. There are special, limited circumstances, where there is a discovery type exemption to the running of the statute of limitations. You should consult an attorney to determine whether this applies to you.
It is important to understand that even if your case fits the terms for an extension of the Georgia statute of limitations, there is an ultimate deadline depending on the type of accident that occurred. For a medical malpractice claim, the statute of repose is five years, for a car accident claim, the statute of repose is six years, and for product liability claims, the statute of repose is ten years.
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Exceptions To The Statute Of Limitations
Although the statute of limitations is rigid and unwavering in a majority of cases, there are a few exceptions that can limit or extend this deadline. Tolling, which refers to extensions of the statute of limitations, can occur for mental incapacity, minority age or fraud. The statute of limitations may also be extended if an injury, medical problem or product defect could not have been reasonably discovered within the statute of limitations.
Another scenario when the statute of limitations may be tolled is if the defendant leaves the state after the accident, but before the plaintiff has had a chance to file a lawsuit and serve the defendant. In this case, the deadline will likely be paused until the defendant returns to reside in Georgia. In addition, Georgia recognizes a 5-year statute of repose for medical negligence claims, and a 10-year statute of repose applies from the date of manufacture for strict liability claims.
Georgias Statute Of Limitations In Personal Injury Cases
Statutes of limitations are laws that regulate how long people have to file lawsuits. Different lawsuits might adhere to different statutes of limitations, making it very important to discuss your case with an attorney as soon as possible so you can figure out deadlines. Our Georgia personal injury lawyers can help you determine when you must file your case or lose the right to do so.
The statute of limitations for personal injury cases in Georgia can be found under Georgia Code § 9-3-33. According to this statute, potential plaintiffs have 2 years from the date of their injuries to file a personal injury lawsuit. This 2-year deadline applies to personal injury cases generally, although there are a couple of different deadlines that apply only to specific kinds of claims.
Under the same law as above, a personal injury claim for damage to your reputation must be filed within only 1 year of the date the action accrues. This is important to remember if you claim non-economic damages for reputational damage alongside other personal injuries.
If you wish to file a personal injury claim for the loss of consortium, you have 4 years to file your lawsuit. Loss of consortium pertains to the loss of an intimate relationship, often a marriage. Loss of consortium tends to include things like the loss of society, companionship, and affection one would normally get from a spouse or partner and often comes up in wrongful death cases.
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Contact Experienced Personal Injury Lawyers In Atlanta Ga
The team at Hinton & Powell is here and ready to handle any personal injury claim that comes our way. Our personal lawyers have recovered over $150 million over the years for our clients. But the only way we can fight for you is if you make sure to abide by the statute of limitations and file a claim before two years pass. Even if you come to us with a few days to spare we will make sure you get the justice you deserve!
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Georgia Statute Of Limitations For Fraud
The statute of limitations for fraud is two years. If youre filing a suit against someone who has defrauded you, the clock starts ticking when your harm was first caused. Fraud laws are designed to protect people by allowing them an opportunity to right the wrongs in their lives and recover damages. But if a victim waits too long to take action, they may be barred from recovering any compensation at allwhich can be devastating if theyve been deprived of money or property that rightfully belongs to them.
Georgia Statute of Limitations for Property Damage Georgia Code Section 9-3-40 states that a lawsuit for property damage must be brought within 3 years of the date of the incident. If you have not yet filed a claim in court, it is important that you consult an attorney as soon as possible to ensure that your rights are protected. For example, John Smith was defrauded by his local bank for $25,000. He filed a lawsuit against them two years later in July of 2018. Unfortunately, this was outside of Georgias two-year statute of limitations for fraud since he did not file at all until after the deadline had passedmeaning his case will likely be dismissed.
Time Limits For Filing A Personal Injury Lawsuit Against The Government Are Accelerated In Georgia
You usually cant sue a government entity in the state of Georgia thanks to something called sovereign immunity. However, theres an exception to this rule. If youre injured because a government entity or employee is negligent, this protection doesnt apply.
But personal injury lawsuits involving the government are subject to different rules and procedures. Most notably, youre required by law to file a special administrative claim with the government agency itself before you can file a lawsuit in civil court.
Youll have a matter of months not years to file your administrative claim. The length of time you have depends on what type of governmental agency youre claiming is responsible for your injuries. For municipalities, like the city of Atlanta, youll have 6 months from the date you get hurt. If you want to hold a county or the state accountable, your statutory window is just one year.
It can be difficult to navigate any personal injury case, particularly one that involves the government. Hiring an accident attorney can help to ensure that you have the best strategies in place to get the money you deserve, and that your claim is filed within the necessary timeframe.
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Been Hurt In An Accident Our Georgia Personal Injury Lawyers Can Help
Dont let time run out on your claim if youve been hurt in an accident in Georgia. At Sherrod & Bernard, P.C., a Douglasville personal injury lawyer can get started on your case right away. We will ensure your claim is filed on time and fight to secure maximum compensation for you. We dont rest until justice is done.
Ready to get started? Call or contact us for a free consultation.
Limitation On Personal Injury Lawsuits Against Cities And Municipalities In Georgia
When people file personal injury lawsuits, they often name individuals as defendants. However, sometimes people sue cities or municipalities for their injuries rather than people. In these cases, the same statutes of limitations apply as if a person were being sued rather than a government. However, there is one special caveat that is especially time-sensitive.
Under Georgia Code § 36-33-5, any plaintiff suing a municipality must serve that municipality with a notice of the claim no more than 6 months after the cause of action accrues. The notice must be presented in writing and explain the nature of the lawsuit, including the time, place, and nature of the accident and injuries.
Once the notice of claim has been presented, the defending municipality has 30 days to consider the case and respond. During these 30 days, the statute of limitations is paused. If the 6-month window of time closes, you might lose your right to sue the municipality. However, our Georgia personal injury lawyers can help determine if other potential parties can be held liable for your injuries.
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Exceptions To The Georgia Personal Injury Statute Of Limitations
Georgia has identified a variety of different scenarios that might serve to delay the running of the statute of limitations “clock,” or pause the clock after it has started to run, effectively extending the two-year filing deadline set by Georgia Code section 9-3-33.
Here are some examples of circumstances that are likely to modify the standard two-year timeline for the filing of a personal injury lawsuit in Georgia:
- when the defendant leaves the state of Georgia after the underlying accident, and before the plaintiff can file the lawsuit and “serve” the defendant with the necessary legal documents, the time of the absence probably won’t be counted as part of the two years until the defendant “returns to reside” in Georgia.
- when the injured person was a minor or was “legally incompetent because of intellectual disability or mental illness” at the time of the accident, the two year “clock” likely won’t run until the person turns 18 or the period of incompetence is declared over.
If you have questions about how Georgia’s statute of limitations applies to your potential personal injury lawsuit — especially if the deadline has passed or is looming — it may be time to discuss your situation with an experienced Georgia personal injury attorney.
What The Statute Of Limitations Means
A statute of limitations is the amount of time you have to file a personal injury claim seeking compensation for your damages. After the statute of limitations has passed, you no longer have a right to take legal action for that incident. The clock on the statute of limitations time period starts from the date of your injury accident.
Thankfully, many personal injury cases are resolved fairly reasonably through negotiation with an experienced lawyer and the at-fault insurance company. In that situation, you would receive a settlement without the need to file a lawsuit. But there are situations where a lawsuit is the best choice, and you will need to keep the statute of limitations in mind for that, too.
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