The statute of limitations for a catastrophic injury claim in Georgia is two years. While there are sometimes exceptions to this rule, failing to file your claim within two years will likely bar you from recovering compensation for your catastrophic injury.
Managing a catastrophic injury and improving your quality of life is expensive and challenging. If you or a loved one is dealing with a serious condition from an accident, you’ll want to hire a Marietta catastrophic injury lawyer who can explain the rules that apply to your case and keep up on important deadlines for you.
Let’s take a closer look at the statute of limitations for catastrophic injuries and the steps a lawyer will take to get the damages you deserve.
Understanding the Statute of Limitations for Catastrophic Injury Claims in Georgia
Under Georgia Code § 9-3-33, catastrophic injury claims are subject to a two-year statute of limitations. This means your lawsuit must be filed within two years of the date the injury occurred. This deadline applies regardless of how severe the injury is.
The statute of limitations for catastrophic injury claims is strictly enforced by the courts. If your claim is filed after the deadline expires, it will likely be dismissed, and you will lose your right to pursue damages through the legal system.
Exceptions to the Statute of Limitations in Georgia
While the two-year deadline applies to most catastrophic injury claims in Georgia, there are important exceptions that can change this. Some of the most common exceptions to the statute of limitations for catastrophic injury claims include the following:
- Claims involving government entities: Cases against a city, county, or the State of Georgia are subject to much shorter notice deadlines. Reach out to an attorney to find out more about your filing deadline if your case involves a government entity.
- Injuries to minors: If a minor suffers a catastrophic injury in an accident, the statute of limitations is generally paused until they turn 18.
- Legal incapacity or mental incompetence: If an injured person is legally incapacitated at the time of the injury, the statute of limitations may be paused until their mental capacity is restored.
- Delayed discovery in limited situations: In some rare cases, an injury could not reasonably have been discovered right away. If this has happened to you, Georgia courts may apply an exception to your case.
Additional Reasons Why Acting Early Is Important
Waiting too long to act after a catastrophic injury can weaken your case in ways that go beyond the statute of limitations. If you’ve been hurt in an accident caused by another person, it’s important for you to understand that evidence does not last forever. Physical evidence can be lost or destroyed, vehicles may be repaired, and surveillance footage can be erased.
Witness memories also fade over time, and it becomes harder to track down individuals who may have moved. Taking action earlier helps preserve evidence and ensure strong witness testimony, creating a solid record of what happened.
Reach out to our personal injury attorneys today to learn more about the statute of limitations for catastrophic injury claims and get the representation you need to file a well-supported claim for compensation.
How Our Lawyers Will Help You
The statute of limitations is easy to misunderstand, and it’s unforgiving if handled incorrectly. Our lawyers help make sure deadlines are met, giving you the best chance possible at recovering full compensation for your losses.
This is especially important in catastrophic injury cases, where medical bills are expensive and quality-of-life impacts are severe.
Beyond meeting deadlines, our lawyers will focus on building and strengthening your case. Here’s what a dedicated personal injury lawyer from Jones & Swanson will do to help you get the compensation you need to cover your losses and get your life back on track after a catastrophic injury:
- Conduct a detailed investigation of the accident you were injured in
- Gather police reports, surveillance footage, medical records, witness statements, and other forms of evidence
- File a strong claim with the at-fault party’s insurance company
- Negotiate a settlement that meets your needs
- Pursue damages in court, if necessary
- Answer your calls throughout the process, ensuring you’re updated
- Explain what the statute of limitations for a catastrophic injury claim is and ensure that all deadlines are met
Schedule a Free Consultation With Our Trusted Jones & Swanson Attorneys
Gathering evidence, meeting deadlines, and negotiating settlements is best left to skilled attorneys, especially when you’re suffering from a serious accident. If you or a loved one has suffered a catastrophic injury, the team at Jones & Swanson is here to help.
We are local attorneys who are leaders in the bar association and committed to helping you recover. We have over 45 years of combined experience and have won more than $50 million in damages for injury victims like yourself.
Contact us today to schedule a free consultation, get started on your case, and learn more about the statute of limitations for catastrophic injury claims.
