In Georgia, the statute of limitations for personal injury claims is two years from the date of the accident. When you are involved in an accident, you have two years from its date to file a personal injury lawsuit and recover compensation for your damages in court. Typically, insurance companies will not compensate victims for their damages once two years pass, so it is important that you are proactive about filing your claim, whichever route you take toward compensation. Usually, victims file personal injury claims with the negligent parties’ insurance providers first, then file lawsuits if they cannot resolve their claims out of court.
In some states, the statute of limitations begins to “run” on either the date of the accident or the date that the victim knew or reasonably should have known he or she was injured because of the accident. In Georgia, this is not the case. The statute of limitations for your case began the day you were in an accident, regardless of whether you knew you were injured or not. This is why it is crucial for accident victims to receive medical attention as soon as possible after being involved in an accident.
Exceptions to the Statute of Limitations
There are a few exceptions to Georgia’s two year statute of limitations for personal injury claims. One of these is when the claim is filed against a government entity. If you are injured because of governmental negligence, such as falling on a broken staircase in a government building or getting into a car accident because of the road’s poor condition, you have six months from the date of your accident to file a formal claim if it is against a city. For a claim against the state or county, the statute of limitations is one year.
The other exception is when the victim is a minor or an incompetent adult. When this is the case, the statute of limitations begins to run when the victim either becomes an adult or he or she is no longer incompetent.
Why the Statute of Limitations is Important
The statute of limitations ensures that all personal injury claims are relevant and that the evidence used to support them is current. Over time, witnesses’ memories fade and victims’ injuries heal, making it difficult to link an injury to a specific event. The sooner you file your claim after your accident, the greater chance you have of recovering compensation for your damages.
Work with an Experienced Georgia Personal Injury Lawyer
One of the benefits of working with an experienced personal injury lawyer to pursue your claim is that your lawyer will keep your claim on track. It can be easy to let the statute of limitations for your claim to run out, especially if you are suffering from a severe injury or a permanent disability after you accident. Contact our team at Cohen & Sinowski, P.C. today to schedule your initial case review with us, during which we can answer any questions you have about your case and Georgia’ s personal injury laws.
Disclaimer: This article is informational only and should not be seen as legal advice. You should consult with an attorney before you rely on the information presented here.