Under the Georgia Code, you have two years from the date of the accident or injury to file a personal injury lawsuit against the responsible party. This legal deadline or time limit applies to most personal injury lawsuits, whether based on negligence or intentional tort. The statute of limitations in personal injury cases ranges from one year to six years, depending on the state. For details on the law where you live, check your state's statute of limitations.
The statute of limitations sets a strict deadline for filing your claim. It varies by state, but it usually lasts two to four years. Generally, you must file a personal injury claim within three years of the date of the accident or the date your illness was diagnosed. Some people refer to this time limit as the “limitation period” and it's very important that you don't wait too long before starting your claim.
In Nebraska, the statute of limitations for most personal injuries, including car accidents, dog bites, product liability, and slip and falls, is four years. In Georgia, the statute of limitations for civil cases such as car accidents, wrongful death, and other personal injury lawsuits is typically two years from the date of injury or death. For example, in medical malpractice lawsuits, if the injury is not discovered within the initial two-year statute of limitations, the victim only has one year from the date the injury was discovered or should have been discovered, provided that the injury occurred within 10 years. Relying on the discovery rule isn't an option in many types of personal injury cases (those that result from car accidents or dog bites, for example).
Therefore, if the statute of limitations for filing a personal injury lawsuit is three years and the defendant was out of state for one year after the accident, the statute of limitations in your case would be extended by another year. For more than 25 years, Atlanta personal injury lawyer Charles Scholle and his staff at Scholle Law have worked closely with clients to assist them in every aspect of their recovery. Most states have a statute of limitations that applies specifically to personal injury cases (or to negligence lawsuits, which is the theory of statutory fault under which most personal injury lawsuits are filed). Once Georgia's statute of limitations for personal injury cases has expired, your claim will be void no matter how strong your case is.
You can also learn more about how to find the right personal injury lawyer for you and your case, and how personal injury lawyers are paid. Contact a Georgia personal injury lawyer today; your first consultation is free. This deadline applies to nearly all types of personal injury lawsuits in Georgia based on negligence or intentional tort. If you settle your personal injury claim out of court instead of going to trial, you'll generally be able to resolve your case more quickly and get compensation faster.
If you're going to file an insurance claim, it's critical that you take enough time to take things to court or, at least, have that option in your back pocket as a bargaining chip during negotiations to reach a personal injury settlement.