Georgia’s Statute of Limitations – The Time Limit to File a Personal Injury Lawsuit
If you are filing a lawsuit for an accident related claim in Georgia, it’s important to know how long you have to file. In some cases, injured parties wait too long and fall foul of Georgia’s Statute of Limitations.
A time limit, or “statute of limitations,” applies to all injury-related personal injury cases filed in civil courts in Georgia. Typically, the clock starts running from the date of the wreck or accident.
In Georgia, you have two years to file a lawsuit in the civil court. Although this may seem like a long time, it can quickly elapse if you are indecisive. If you attempt to file your lawsuit after the Statute of Limitation has expired, the court will almost certainly refuse to hear your case. You will lose your chance to obtain compensation for your injuries.
The two-year limit also applies to medical malpractice claims. However, unlike in a car crash, a patient may not always realize he or she was injured immediately.
The Clock’s Ticking – Georgia’s Statute of Limitations
Georgia has what’s called a statute of repose. It provides that even if a medical patient or family was not aware of the malpractice, a healthcare provider cannot be sued for medical malpractice more than five years after the incident that led to the injury unless there was fraud, concealment, or misrepresentation.
Many people do not realize there is a considerably shorter Statue of Limitations for cases against a city or a county.
In these cases, you have just six months to file your personal injury claim.
Often municipalities have special rules relating to who can be sued. These rules become relevant if you, for instance, are injured by a school bus, a municipal bus or a garbage truck. The rules are also relevant if you are hit by a car driven by a local, federal or state employee during working hours.
The Statute of Limitation means it’s important not to hesitate if you have been hurt in a car crash. Rather than dealing with an insurance company yourself, it makes sense to talk to a Newnan personal injury lawyer as soon as possible.
Contact the Law Office of Michael West for a consultaiton at (404) 913-1529.