What is the statute of limitations on an injury case?
March 25, 2015
Every state has laws regarding the amount of time within which an individual
can file a lawsuit. These laws are known as statute of limitations and
are intended to act as a defense against fraud and to ensure that enough
evidence and factual information still exists so as to maintain the integrity
and justice of the claim.
In the state of Georgia, the statute of limitations for personal injury
and wrongful death claims is two years.
Essentially, this means that you have two years from the time of the event
that caused your injury to file a claim against the other party. Failure
to do so may mean that you will not be able to recover the compensation
that you need for medical bills, lost wages, and pain and suffering. For
this reason, it is common for insurance providers and adjusters to use
bad faith tactics to delay settlements, so that they can offer you less
money than you deserve and avoid lawsuits. This is why it is essential
for you to contact an injury attorney in Atlanta immediately.
Don’t wait to take action: schedule your
free consultation to begin fighting for justice.
Exceptions to the Rule
In very few and rare circumstances, you may be able to file a personal
injury claim after the standard two year period has expired. Typically,
this involves determining when the “clock” has actually begun.
For example, in some injury cases, the clock does not begin to run until
the plaintiff “discovers” the cause of action, or should have
reasonably discovered his or her injuries. This is typical in chemical
or toxic exposure cases, where a disease may not reveal itself until well-after
the plaintiff’s exposure.
Another exception is in cases where the injured party is a minor. When
a minor is injured, the statute of limitations for that individual to
take legal action begins when the victim reaches the age of majority,
which is 18. This means that an injured minor has until the age of 20
to file a personal injury claim. In other circumstances, you may be able
to file to have the clock “tolled,” or suspended. This may
apply if one party falls under a disability to act or if the defendant
has fraudulently concealed the cause of action.
Want to know if your claim may be an exception?
Contact an experienced Atlanta personal injury lawyer at Henningsen Injury Attorneys,