How Long Do I Have to File a Personal Injury Claim in GA After an Accident?
If you are thinking of bringing a personal injury lawsuit, whether after a slip and fall accident, motor vehicle crash, or some other accident where another person’s actions resulted in your injuries, it is important to ensure that you comply with Georgia’s statute of limitations for personal injury cases.
Under the Georgia Code, you have two years beginning from the accident or injury date to bring a personal injury claim against the liable party. This statutory time limit or deadline applies to most personal injury lawsuits, whether they are based on negligence or intentional tort.
Exceptions to The Statute of Limitations in GA
The law provides different circumstances that can potentially delay the clock on the personal injury statute of limitations or pause it after it has already started to run, which effectively extends the two-year time limit for filing claims. The following are common examples of situations that may potentially toll the two-year time limit for filing personal injury claims:
- If the injured individual was under 18 years old or was legally incompetent due to a mental illness or intellectual disability at the time of the injury or accident, the statute of limitations may be tolled until the individual has been officially declared competent or turns 18.
- If the at-fault party leaves the state after the accident but before the injured party has filed a personal injury claim and served the legal documents to the at-fault party, the entire time that the at-fault party was not in Georgia will not be considered as part of the two-year deadline until they return to Georgia.
What Happens If You Failed to File Your Claim Before The Two-Year Deadline?
If you attempt to bring your personal injury claim against the party that injured you past the two-year statute of limitations, the at-fault party will certainly point out this fact to the court. Consequently, the court will dismiss your case. When this happens, you will lose your legal right to pursue damages for your losses and injuries, regardless of their extent and severity and the at-fault party’s liability. The only way to get around this is if an exception (discussed above) applies to your specific case.
The two-year deadline is likewise important to your position in settlement negotiations with the at-fault party and the insurance provider. They will know that the statute of limitations has expired, so you can’t possibly sue them.
Reach Out to a Skilled GA Personal Injury Claim Lawyer Now
If you have concerns or questions about your personal injury claim or would like to know how the statute of limitations in Georgia might apply to your potential lawsuit, particularly if the time limit is looming or has already expired, contact Banks, Stubbs & McFarland for legal counsel. Our GA personal injury claim lawyer can help you better understand your case and your legal options moving forward.
To set up your free case review with our GA personal injury claim lawyer, please call our office at 770-887-1209 or reach us online.