What is the statute of limitations for a personal injury case in Georgia?

Posted: 01.19.16

CATEGORY: Uncategorized

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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.