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Georgia’s Statute of Limitations

After suffering a personal injury, many experience the feeling of being overwhelmed. This feeling is natural. Injuries often impact one’s day-to-day activities as well as challenge time management due to added responsibilities such as making follow up phone calls and doctor’s appointments. The attorneys at 1Georgia Injury Lawyers, PLLC realize that you may need time to regroup following an accident or incident which causes personal injury. However, it is important to contact an attorney regarding your incident before the right to receive compensation for your personal injury lapses.

Statute of Limitations Defined

A statute of limitations is a law or set of laws which set forth law the maximum time period for which an individual may wait before filing a lawsuit. The statute of limitations vary depending on the type of case or claim. If the period set forth by the statute of limitation lapses, you may not have a claim except in limited circumstances, whereby a tolling occurred during the relevant time period. Tolling of the statute of limitations stops the time period in certain instances, some of which are outlined below.

Relevant Time Period for Personal Injury Cases

In the state of Georgia, actions for injuries to the person generally must be brought within two years from the time in which the right of action accrues. In cases where the injury results in a loss of consortium (defined as the inability to have normal marital relations) a person has four years from the time in which the right of action accrues. In instances where the injury is to an individual’s reputation, any action must be brought within one year of the time in which the right of action accrues.

The legislature outlined special rules for personal injury resulting from medical malpractice. Generally, an individual has two years from the time in which the injury or death arising from a negligent or wrongful act or omission occurred. However, there are some instances in which an individual may bring a cause of action up to five years after the date on which the negligent or wrongful act or omission occurred.

Factors that Toll the Statute of Limitations

In personal injury actions, the statute of limitations may be tolled under the following circumstances:

  • Where the injured individual is under a disability or imprisoned when a cause of action accrues;
  • Where a disability is suffered after accrual of a cause;
  • Where one or more individuals who have a joint right to the actions suffers a disability;
  • For fraud by defendant;
  • In instances where criminal prosecution is pending as a result of the tort actions; and
  • In limited instances of medical malpractice.

Let Us Evaluate Your Case

The most important factor to your personal injury claim is ensuring that you may still bring a formal suit against any wrongdoers. During an initial consultation at 1Georgia Injury Lawyers, PLLC, our attorneys will assess the facts and circumstances to ensure you are within the applicable time period.

While the most important factor is ensuring that you file a claim within the relevant time period, the inquiry does not stop there. Tort law is a complex area of law and many factors determine whether your cause of action will be successful. The attorneys at 1Georgia Injury Lawyers, PLLC realize that specific details matter. If you have sustained personal injuries as a result of an accident or incident, someone from our team will meet with you for an initial consultation and evaluate your case. Do not wait for the statute of limitations to run. Instead, contact us today.

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