If you've been injured in an accident with a police vehicle, one of the most important things you should know is that the filing deadline may be significantly shorter than what you would find with a typical personal injury car accident claim. Generally in Georgia you have two years from the date of the accident to either file a claim and settle it, or file a lawsuit. With accidents involving police vehicles these deadlines can be significantly shorter because the police vehicle will either belong to the state, the city, or the county. For states and counties, you have one year from the date of the accident to file what is called an Ante Litem Notice. An Ante Litem Notice is simply a notice that is given to the appropriate government agency notifying them of the claim as well as providing other information that may be required by law. For cities, the deadline for submitting the Ante Litem Notice is six months. If these deadlines are missed, you may lose the right to obtain any compensation at all for your injuries. This is why it is very important that if you're involved in an accident with a police vehicle, you contact an experienced and qualified personal injury attorney as soon as possible.
A common question that people have is what is the statute of limitations for a personal injury case in Georgia? In general, the statute of limitations in Georgia is two years from the date of injury or death. In some cases, the date of injury or death is easy to ascertain. In a straightforward car accident case, the statute of limitations would start on the date of the accident. In certain cases, however, determining the date of injury can be tricky.
For example, medical malpractice cases involving a failure to diagnose a disease or condition can present difficult, complex issues in determining the date of injury. This two year statute of limitations is just a general rule. There are different scenarios that may toll the running of the statute of limitations. For example, the statute of limitations for a minor is tolled until they reach the age of 18 (but different rules apply in medical malpractice cases). When somebody dies after an injury and the deceased person’s estate has the right to bring the personal injury claim, then the statute of limitations is tolled for up to 5 years for any period of time that the estate is unrepresented.
In certain cases, there may be additional time limits that apply to your claim that are shorter than two years. Most notably, in cases involving a government entity, such as a state, city, or county, Georgia law imposes different procedural requirements for the presentation of claims that are known as ante litem notices.
Also, certain cases have what is known as a statute of repose that may impose additional time limitations. Product liability cases are a type of case that has a statute of repose.
If you have been injured in Georgia, you should not leave the calculation of your statute of limitations to guesswork. You should speak with an experienced personal injury attorney as soon as possible after you are injured. The experienced personal injury attorneys at The Champion Firm, P.C., in Atlanta, Georgia can help you with your case and will give you a free consultation.
Call us today to discuss your case.