At Ashby Thelen Lowry, our Atlanta personal injury attorneys know that Georgia’s statute of limitations plays a critical role in personal injury claims. It sets a strict deadline for filing a lawsuit.
In Georgia, the statute of limitations for most personal injury claims is two years from the date of the injury. Failing to file a claim within this time frame typically results in the loss of the right to seek compensation, regardless of the severity of the injury or the strength of the case.
This time limit underscores the importance of acting promptly after an injury occurs, as delaying legal action can jeopardize the ability to recover damages for medical expenses, lost wages, and other related costs.
Additionally, gathering evidence and building a strong case can take time, making early engagement with our skilled personal injury lawyers essential. Understanding and adhering to Georgia’s statute of limitations is crucial for ensuring that your personal injury claim is valid and can be pursued in court. However, there are exceptions.
What are the Exceptions to Georgia’s Personal Injury Claim Statute of Limitations?
While Georgia generally imposes a two-year statute of limitations for personal injury claims, several exceptions can extend or modify this deadline:
- Discovery Rule
If the injury was not immediately apparent or could not have been reasonably discovered at the time of the incident, the statute of limitations may begin from when the injury was discovered or should have been found with reasonable diligence.
- Minors and Legally Incompetent Individuals
If the injured party is a minor (under 18) or legally incompetent at the time of the injury, the statute of limitations may be tolled or paused until the minor reaches the age of 18 or the person is no longer legally incompetent.
- Fraud or Misrepresentation
If the defendant deliberately concealed their wrongdoing or misled the injured party about the cause of their injury, the statute of limitations may be extended, allowing the injured party more time to file a claim once the fraud is discovered.
- Government Claims
Personal injury claims against government entities in Georgia have different, often shorter, time limits. Depending on the specific government agency involved, a notice of claim typically requires filing within six months to one year.
Understanding these exceptions is crucial for ensuring that your personal injury claim is filed appropriately. If you are within the original statute of limitations or believe any exceptions may apply to your case, contact our skilled Atlanta personal injury lawyers and support team at Ashby Thelen Lowry at (404) 777-7771 to schedule a free consultation.