January 18, 2022

How Long Do I Have to File a Personal Injury Claim in GA?

Statutes of limitations are a legally set time period in which you must bring your personal injury claim for it to be heard by the court. The statute of limitations deadline exists on almost every civil claim and criminal offense, with the exceptions being homicide and tax fraud. That means that every single legal action has a ticking time limit within which you must bring your claim. If you think you have an accident or injury claim, contact a North Georgia injury attorney today who can advise you of your deadline to bring a claim.

Timeframe for Injury Claims

Georgia has a statute of limitations of two years to bring a personal injury claim from the date of the injury. That means that if you do not negotiate a settlement directly with the insurance company within two years, you must file your claim with the relevant court within that two-year time period, or the court will dismiss your case.

This statute of limitations applies to all personal injury lawsuits in the state based on negligence or intentional torts. Thus, to recover the financial compensation you’re entitled to from a tortious action that led to your injuries, it is best to obtain legal help sooner than later in order to make sure your claim is filed prior to the two-year deadline.

On the other hand, if you were injured by a government agency, you may have an even shorter time to bring a claim. Government agencies have much shorter deadlines.  The government agency often is entitled to six to twelve-month “ante litem notice” which you must timely provide in order to file your claim against them. So, if you were injured at the hands of an official of a governmental agency, you must file your claim even more promptly.

Exceptions

Though seldom and rare, there are exceptions that can extend the time period a plaintiff has to file a personal injury claim beyond the normal statute of limitations.  The term “tolling” refers to the extending of the time period demanded by the statute of limitations.  Tolling can occur in cases of:

  • Mental incapacity
  • Minority age
  • Fraud
  • Time awaiting disposition of traffic ticket or criminal case of at fault driver
  • COVID-19 has granted a tolling in many cases

Another scenario where tolling may occur for the statute of limitations period to bring a claim is when the defendant leaves the state before the plaintiff has a chance to file a lawsuit and serve that defendant.  In Georgia, the deadline to file a case could potentially be  “paused” until the potential defendant returns to Georgia to be served.

The bottom line is if you are looking to file a lawsuit over a personal injury claim stemming from another’s liable acts, you should start the process of hiring an experienced attorney as soon as possible.

Consult with Our North Georgia Personal Injury Lawyers Right Away

At Banks, Stubbs, & McFarland LLP, we are a diligent and reliable law firm that has handled many personal injury claims just like yours. Our North Georgia accident attorneys are ready and able to help you and fight for as much financial compensation as possible for your losses. Contact us today for a consultation, either by going online or calling (770) 887-1209.

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