Atlanta Personal Injury Lawyer

A:There is a time limit for filing a personal injury claim, as well as for filing formal criminal charges that are related to your accident or injury. Each state sets its statute of limitations. The statute of limitations for 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 rights 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. The purpose of statutes of limitation is to ensure that claims are filed while evidence is still relatively useful and has not deteriorated. By setting a statute of limitations, both state and federal courts prevent constant threats of frivolous lawsuits a long time after the alleged event happened.

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. 

A: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 .

A:The Atlanta personal injury attorneys at Henningsen Injury Attorneys work on a contingency fee basis. That means that you do not pay unless our law firm successfully wins your case. We also offer a free consultation on all personal injury cases, so there is no risk when you reach out.

A:If you have been harmed due to another person's negligence, then Georgia law enables you to hold them liable for your injuries and recover the financial losses they caused. While your personal injury claim may seem straightforward to you, you probably do not know every personal injury law that applies to your case. If you were injured while you were on vacation here in Atlanta, then you should call our law firm today to set up your consultation with a personal injury lawyer from our team who can conduct a free case evaluation.

A:There are different damages that you may be able to recover. They are broken down into two types that you can win in an Atlanta personal injury case: economic damages and non-economic damages. Economic damages are the financial losses from a defendant’s negligent behavior, such as medical expenses, property damage, and lost wages. Your attorney calculates your economic damages by reviewing statements and documents, such as copies of your medical bills. In a personal injury claim, you can also recover anticipated future losses of income, and past income the victim would’ve earned had the defendant not caused the injury.

A:No matter how you were injured, there are some steps that you can take to help your personal injury case.