At Ashby Thelen Lowry, our Georgia personal injury attorneys inform all potential clients that the statute of limitations for personal injury claims — including vehicle collisions, premises liability, and wrongful death claims — is typically two years. This means you have two years from the incident that caused your injury to file a claim in the state’s civil court system.
It is essential to be aware of and comply with the statute of limitations because failing to file within the prescribed time frame can result in the dismissal of your case.
There are some exceptions and nuances to the statute of limitations, depending on the specific circumstances of your case. Here, we discuss the importance of filing a timely personal injury claim.
What are the Exceptions to the Two-Year Statute of Limitations for Personal Injuries in Georgia?
In most cases, the Georgia statute of limitations for personal injury claims is unwavering. However, there are rare exceptions that can limit or extend this deadline.
Extensions of the statute of limitations, often referred to as “Tolling,” can occur for mental incapacity, if the injured person was a minor or under 18, or fraud.
The statute of limitations may also be extended if an injury, medical problem, or product defect could not have been reasonably “discovered” within the statute of limitations.
Another scenario when the statute of limitations may be tolled is if the defendant leaves the state after the incident but before the plaintiff has had a chance to file a claim and serve the defendant.
Finally, if the negligent party works for any branch of the Georgia government — like being injured in a crash with a city or county-owned vehicle — they must be notified in a six to 12-month period, depending on the entity, and in a specific way that requires sufficient information and details about the case to be given to the government entity’s legal counsel or county officials.
Different rules dictate how to file a claim and how it must be presented to the liable government entity at each level of government representation. We can help ensure your claim is presented correctly and in the necessary timeframe.
Time is of the Essence in All Georgia Personal Injury Claims
Not only is timing important from a legal standpoint, but personal injury claims can benefit from immediate attorney contact so we can begin preserving vital evidence to support your case before it is destroyed or disappears. The sooner you can contact our skilled Georgia personal injury lawyers and support team at Ashby Thelen Lowry, the quicker we can build your case for success.
Call us today at (404) 777-7771 to schedule a free consultation so we can tell your story and ensure your voice is heard by pursuing the best outcome for your unique case.