If you have been injured due to another person’s negligence, each state generally has a time limit on the pursuit of legal remedy. This period of time is often termed the statute of limitations, and when this time expires, the injured victim may not be able to file a lawsuit or seek compensation. The state of Georgia has a statutory period of two years for most cases involving negligent actions. Due to this limitation, it is advised that you seek to recover damages as soon as possible following any type of injury. Various injury types can yield different limitations. For example, a birth injury medical malpractice claim can have two different limits. For the parents, the statutory period is still two years but the child’s claim can continue for five years.
Like most rules, there are exceptions to this limitation. One example involves showing that a statute is ‘tolled.’ This means that something has stopped the statute from running for a certain period of time. A few reasons that this may occur include:
- The victim was a minor at the time of an injury
- The victim was not mentally competent at the time of the injury
- The victim was filing for bankruptcy (the automatic stay order can toll the statute of limitations)
Another exception to the statutory period would be under the discovery rule. There are instances where an injured victim is unable to discover the cause of an injury or is not aware that an injury has taken place. If you are facing a situation where the statute of limitations is not allowing you to pursue legal remedies, contact our firm and we can discuss your options.
If you have any questions regarding the statute of limitations in Georgia or if you need representation in an injury case, team up with a personal injury lawyer from Jones & Swanson as soon as possible. You can contact us at (888) 618-2423 and set up a free consultation with Attorney Jones.