No Recovery, No Fees – You Don't Pay Unless We Win
When you bring your case to our firm, you can trust that our team will do everything in our power to win your case. This is because we work off of contingency fees, meaning that you only owe us if we successfully recover a settlement on your behalf. We believe that every victim of negligence should be able to retain affordable representation, without sacrificing quality and competence.
We understand your financial strain and want you to be able to seek the support you need without worrying about legal fees. You have nothing to lose by getting started with Henningsen Injury Attorneys, P.C. today!
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After an injury, facing an insurance company alone can be difficult and frustrating. These companies are in the business of profit, meaning they will do whatever they can to avoid or minimize payments to policyholders. Too often, people who are injured do not get the full and fair settlement that they deserve, because they did not hire a competent and aggressive lawyer. Our attorneys can be your advocate in negotiations with insurance companies, and we can fight to protect your best interests.
When you work with our firm, we can fight for compensation in the form of:
- Present and future medical bills
- Property damage
- Pain and suffering
- Present and future lost wages
What Is the Personal Injury Statute of Limitations in Georgia?
The statute of limitations for a personal injury claim in Georgia is two years. This means that you have two years from the date of your injury to file a claim or you may lose your right to compensation. See O.C.G.A. Section 9-3-33. However, there are exceptions that can shorten or extend the two-year time limit.
Situations that Can Shorten the Statute of Limitations
Situations that will shorten the two-year personal injury statute of limitations in Georgia include filing a personal injury claim against the State of Georgia or its employees. In this situation, the claim falls under the Georgia Tort Claims Act ('GTCA"). The GTCA requires that notice sometimes referred to as ante litem notification, be given within one year from the date of the incident instead of two. The notice must meet the requirements as outlined in the GTCA and if it does not the claim may be barred forever. See O.C.G.A. Section 50-21-26(a)(1).
Similar to a claim against the State of Georgia, when pursuing a claim against a county the claimant must provide notice (ante litem notification) to the county pursuant to O.C.G.A. section 36-11-1 within one year of the date of the incident. The notice must meet the requirements as outlined in the code section and if it does not the claim may be forever barred. To file a claim against a city or it’s employees, notice must be provided to the city within six months of the incident. See O.C.G.A. Section 36-33-5. The notice must meet the requirements as outlined in the statute and if the city is not properly notified within the six month period it may be barred forever. Last, claims for injury to your reputation, such as defamation or libel have a shortened statute of limitations and must be brought within one year. See O.C.G.A. Section 9-3-33.
Situations that Can Lengthen the Statute of Limitations
Situations that may lengthen the two-year personal injury statute of limitations in Georgia include cases involving minors. In this situation, the two-year statute of limitations does not begin to run until the minor reaches the age of 18. O.C.G.A. sections 9-3-90 and 9-3-98. However, a minor's claim in Georgia traditionally includes the medical bills that the parents incurred on the minor's behalf for the injury. The two-year statute of limitations for the medical bills is not lengthened because it is the parent's claim to bring, not the minor's. Best practices are to bring the minor's personal injury claim within two years to ensure that the medical bills are included in the claim.
If a person was legally declared incompetent at the time of the injury, the two-year statute of limitations does not begin to run until the incompetency is removed. O.C.G.A. sections 9-3-90 and 9-3-98. This is a very narrow exception and it must be proven that the person was legally incompetent which can be difficult to prove.
In a wrongful death claim, the statute of limitations may be extended by the amount of time that it took from the time of the death of the decedent until the estate becomes represented by either an executor or an administrator. O.C.G.A. sections 9-3-92 and 9-3-98. But again, watch out, the period cannot be extended longer than five years and will begin to run after the five-year period. Thus, if you have a wrongful death claim it is wise that it be brought as soon as possible.
In personal injury claims involving the prosecution of a crime, the running of the statute of limitations can be extended for the amount of time it takes from the injury to occur to the prosecution of the underlying crime to become final. This applies in many car accident claims where the other driver was ticketed for the car wreck. If this is the case, then it is possible to have the statute of limitations extended for the time that it took for the prosecution of the traffic ticket to become final.
What Type of Compensation Is Available in a Personal Injury Case?
How much compensation you can be awarded after an accident is always approached on a case by case basis since the details of your case are unique, what you may be able to pursue compensation for, however, is consistent in every case. Compensation, or damages, you can recover for is broken up into three main categories, each seeks to compensate the injured party for different losses they suffer. These categories are economic, non-economic, and punitive.
Economic damages compensate for financial losses the injured party suffers such as the cost of medical expenses, future medical expenses associated with your injuries and the inability to work. Economic damages are also called special damages. Non-economic damages, on the other hand, compensate for the abstract losses an injury victim suffers, such as mental anguish and pain and suffering. Unlike, economic damages, non-economic damages are not as straightforward to quantify as such they are also called general damages.
The last category of damages, punitive damages, are different from the first two since their main purpose is to punish the defendant for their careless actions. Punitive damages are typically reserved for cases where the defendant knew their actions would cause harm but did them anyway, as such they are not often awarded.
