How Long Do I Have to File a Personal Injury Lawsuit in GA?

Another party’s negligence should not force you to sacrifice your hard-earned money and happiness. Injury victims must gather relevant evidence to be awarded damages, all while recuperating from the trauma.

The first step in any personal injury case is to attempt settling through insurance. With insurance companies wanting to pay as little as possible, negotiations can take several weeks or months. This process can leave anyone feeling discouraged, willing to take a “low ball” settlement.

At Banks, Stubbs & McFarland, we believe that those who suffer a personal injury should focus on healing, not the legal process. When you hire our GA personal injury attorneys, you are hiring someone who is willing to fight on your behalf.

Statute of Limitations for Personal Injury Cases

Each state has laws that specify how long a person will have to file a claim following a personal injury. Under Georgia Code §9-3-33, a person only has two years to take legal action following the date of injury. This is known as a statute of limitations. If a person attempts to take recourse after that time has passed, he or she may be barred from recovery.

The limitation period is put in place to ensure the preservation of evidence. After time has passed, fingerprint evidence may deteriorate, and witnesses’ memories of the event may fade.

Tolling the Statute of Limitations

There are exceptions to the limitation period in personal injury cases. Known as “tolling” the statute of limitations, it is essentially pausing the “clock,” giving the plaintiff extra time to bring the case to court.

Circumstances which may “toll” the limitation period for a personal injury claim include:

Discovery Rule

A person cannot take legal action until he or she discovers the injury. Known as the discovery rule, this applies when symptoms from an injury take time to develop. For instance, if a person discovers a foreign object (such as a sponge or scalpel) left in their body cavity following surgery, the individual must take legal action within one year of the date of discovery, not from the surgery date.

The plaintiff is Mentally Incapacitated

If the plaintiff is deemed mentally incapacitated, then the clock will not begin “running” until he or she has regained competency. Mental incapacity can be due to mental retardation or mental illness.

Plaintiff Is a Minor

If the victim was a minor, then the statute of limitations is “tolled” until the plaintiff turns 18 years old. This means that the “clock” will not begin running until the plaintiff reaches his or her 18th birthday.

Even if you believe that the statute of limitations has expired, it is still crucial to speak with a GA personal injury attorney. They will be able to assess the facts surrounding your personal injury to determine if an exception applies.

Reach Out to Our Georgia Personal Injury Attorney

A personal injury can leave you unable to care for your family and your own personal needs. If you have fallen victim to an accident or injury, Attorney Parker McFarland is ready to recover the compensation that will cover any accident-related expenses. To learn more or to schedule your initial consultation, please reach out to us by phone at 866-399-5015 or by completing our online contact form.