In Georgia, the law generally allows you two years from the date of the injury to file a personal injury lawsuit. A failure to file within this period typically results in the court dismissing your case. This two-year window applies to various personal injury claims, including car accidents, slip and falls, and medical malpractice. The rules are strict, but there are exceptions. Four examples include the following.
- Age at the time of injury: The rules are generally different if the injured party is a minor at the time of the injury. This generally allows for an extension of the statute of limitations and longer to file the claim.
- Government entities: Whether looking to hold a municipality or state agency accountable, there are special rules when the responsible party is a government body. Claims against government entities often have a shorter timeframe, further highlighting the need for a prompt response to hold responsible parties accountable for the cost of the injury.
- Discovery rule: In certain situations, the injury or its cause might not be obvious right away. The discovery rule permits the statute of limitations to start when the victim becomes aware of the injury or when they reasonably should have become aware of it. One example is a foreign object left in the body after a medical procedure.
- Related criminal matter: An extension is also available if the injury is connected to the commission of a crime. If, for example, the victim was injured as a result of negligent security, the landlord or property owner could bear some liability for the cost of the injury. The victim can have an extension on the two-year filing window while the criminal case to determine culpability moves forward.
Whether one of these exceptions applies or not, it is important to keep detailed records of the incident, medical treatments, and communications with insurance companies. This will better ensure that you have everything ready if you choose to move forward with legal action. The courts are very strict about proper protocol, including adhering to these deadlines. A failure to adhere to the guidelines that guide these cases can jeopardize your ability to receive compensation.
Georgia’s statute of limitations for personal injury cases underscores the importance of acting swiftly and knowledgeably. Whether dealing with a straightforward case or one involving special circumstances, it is important to understand these legal timelines so you do not let time run out on your opportunity for justice.