Time waits for no one, and no one follows this saying like the legal system. There are deadlines in every state that juries, attorneys, plaintiffs, and defendants have to follow. These deadlines—also referred to as the statute of limitations—specify the time you have to bring a case before the court.
Are you unsure of the statute of limitations for bringing a lawsuit following an auto accident, slip and fall, product liability, wrongful death, or other personal injury claim? Brauns Law: Personal Injury Lawyer informs us about the crucial deadlines you should be aware of in Georgia.
What is the time limit for filing a personal injury claim in Georgia?
In Georgia, personal injury cases have a two-year deadline from the date of the injury. What effects does this have on your lawsuit? You must bring a lawsuit within two years after the date of the injury. If not, you might not even be able to file a lawsuit. The Georgia statute of limitations has only a few exceptions.
Can the Georgia statute of limitations deadline be extended?
The two-year window or the statute of limitations deadline may be extended in specific situations, such as:
- The injured party was under the age of 18 or was “legally incompetent” when the accident happened (Georgia Code section 9-3-90)
- When the at-fault party leaves the state of Georgia before the injured party can file the lawsuit and “serve” the defendant with the required legal documents. This will probably postpone the deadline until the defendant “returns to reside” in Georgia.
- A medical condition, injury, or product flaw that could not have been properly “discovered” within the statute of limitations may also result in an extension.
Deadlines for suing government entities
Other deadlines exist that can potentially render your case void, regardless of the statute of limitations. For example, “ante litem notice” deadlines of six or twelve months apply to numerous government entities. If a claimant misses this time, they can never file a claim against the government agency that caused their harm. Unknown regulations like these, which apply even to tiny cities and counties, might significantly impact your case.
For instance, if you are involved in an accident involving a truck or car owned by the city or county, you may only have six months to notify the guilty party of your intention to take legal action. It is also necessary to notify government agencies about the claim in a particular manner.
The government entity’s legal representative or a town, municipal, or county official—such as a mayor or spokesperson—must receive adequate information and details regarding the case. Rules governing the deadline for filing a claim and the format in which it must be submitted to the offending government body vary depending on the level of government representation.
The takeaway
No matter how good your case is, it is null and void once the Georgia statute of limitations on personal injury claims has passed. Therefore, discussing your situation with an attorney as soon as possible is imperative.