Statute of Limitations

Statute of limitations laws place a time limit on your ability to collect damages after an accident.  Courts want victims in civil cases, including car accident claims and other personal injury cases, to come forward as soon after the accident as possible.  If you’ve been in an accident, it’s vital to seek out the help of a professional lawyer as soon as possible or you could run out of time to get the justice you deserve.

What Are The Statute of Limitations Laws in Georgia?

A statute of limitations is simply a law that sets deadlines for filing certain types of cases.  In Georgia, the statutes of limitations are:

• Two years for most personal injury claims
• Six months for claims against a city or county government

Normally, these deadlines count from the date of the accident or injury.  In some medical malpractice cases, where the claim involves a failure to diagnose a condition, the deadline may count from a later date when the condition was discovered, since the patient had no way of knowing about the problem earlier. 

Can The Statute of Limitations Be Extended?

It’s very important to file your claim as soon as possible.  If you miss the deadline set by the statute of limitations, in most cases it cannot be extended, even in cases where you were clearly the victim.  This can mean that your claim will be rejected by the courts and that you will get nothing, even if you had a valid grievance. 

There are some rare circumstances where the court will accept a claim later.  These include:

• The accident rendered the victim unable to take legal action, such as a coma. In this case the statute of limitations may be set from the time at which you regained consciousness or mental faculty. 
• The victim was a minor, such as in cases of abuse by a schoolteacher. Generally the deadline starts from the date on which the victim turns 18. 
• The injury or damage was not discovered until a later date, such as in cases of a defective medical device.

The court can be asked to consider taking a case that’s past its statutory deadline, but without a compelling reason it is unlikely to do so. 

File Your Claim Before the Statute of Limitations Deadline

Have you been injured?  The clock is ticking for you to file your case before the statute of limitations deadline.

John Foy & Associates offers a free consultation with some of the most experienced and respected personal injury lawyers in Georgia.  Fill out the form to your right or call us at 404-400-4000 to get your FREE consultation today.