It’s crucial to follow Georgia’s statute of limitations for personal injury claims if you intend to file a personal injury lawsuit following a slip and fall incident, car accident, or other incidents where another person’s conduct led to your injuries. If you need assistance, a personal injury attorney in Atlanta can help you with that.
You have two years starting from the date of the incident or injury to file a personal injury claim against the party at fault under the Georgia Code. The majority of personal injury claims, regardless of whether they are based on carelessness or an intentional tort, are subject to this statutory deadline.
Georgia’s two- or four-year personal injury statute of limitations:
You generally have two years to file a lawsuit for most personal injury cases, according to O.C.G.A. 9-3-33. Loss of consortium applies to claims made by your spouse for deteriorating aspects of your marriage, such as caregiving responsibilities or companionship, due to your injury. The law permits your spouse a further two years to file the claim after you do.
More exceptions to The Statute of Limitations in GA
The statute of limitations may be tolled until the injured person turns 18 or was rendered competent if they were under 18 at the time of the accident or were deemed legally incompetent because of a mental illness or intellectual impairment.
The entire time that the at-fault party was away from Georgia will not be counted toward the two-year deadline until they return to Georgia. This applies 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 at-fault party with legal documents.
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If you happen to pass the period, the responsible party will undoubtedly bring up this fact in court if you try to file a personl injurys lawsuit against them after the two-year statute of limitations. As a result, the court may dismiss your lawsuit.
Try to avoid any delay in getting your case handled. You may occasionally have more time to file a claim for damages. However, do not presume that you will have more time. To ensure that your case is dealt with promptly after you are injured, you should get in touch with an experienced personl injurys attorney as soon as possible.