If you have been hurt in an accident, you have a limited amount of time to file a claim for your damages. This time limit is known as the statute of limitations. In Georgia, you typically have two years from the date of your accident to seek compensation for your injuries.
Each state sets its own time limits, and different types of cases are also subject to their own statute of limitations. For example, there are also time limits for prosecuting most criminal cases. Keep reading below to learn more about the statute of limitations in Georgia and how it might affect your personal injury claim.
Why Is There a Statute of Limitations?
States set a statute of limitations for several reasons. These time limits mainly exist as a matter of public policy. This allows cases to be heard while the evidence is fresh and witnesses’ memories of the event are still clear. Additionally, a defendant should not have the threat of a lawsuit hanging over their head indefinitely.
Additionally, the statute of limitations helps keep the court system running smoothly and efficiently. Without these time limits, the court may be faced with a large number of old cases that clog up the justice system.
Types of Cases That Fall Under the Georgia Statute of Limitations
Most Georgia personal injury claims are subject to the two-year statute of limitations mentioned above.
This applies to nearly all cases involving negligence where you were harmed by someone else’s careless conduct, such as:
- Car accidents
- Slip and fall accidents
- Dog bites
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Wrongful death
Other types of cases are also subject to their own statute of limitations. For example, a breach of contract action for written contracts is subject to a six-year statute of limitations. Criminal prosecutions are also subject to different time limits, depending on the specific crime alleged.
What Happens if I Miss the Deadline for My Case?
Allowing the statute of limitations to run out before filing your case can have dire consequences. Waiting too long to start your claim causes you to lose all your rights to recover compensation for your injuries. This means that you could be stuck handling all your damages on your own.
Missing the filing deadline can also hinder your ability to obtain a recovery through settlement. Since you could no longer use the threat of a lawsuit as part of your negotiations, the defendant is not likely to offer you any money to settle your claim. So, waiting too long to file your claim typically means that you will get no compensation for your damages.
Special Exceptions to the Statute of Limitations
Certain situations can cause the statute of limitations to toll, or pause.
Some of the most common reasons why the clock pauses are:
Minor Victim
If the injury victim is a minor, the statute does not usually begin to run until the victim turns 18. This means that an injured minor could have until their 20th birthday to file a claim for damages.
Absent Defendant
In some situations, the alleged wrongdoer may flee the state to avoid being served with a claim. Their absence can cause the clock to stop until they return to the state.
Incapacity
If the victim is incapacitated, the clock typically stops until they regain competence. This may include either physical or mental incapacity.
Discovery Rule or Concealment
The clock does not usually begin to run until the injury has been discovered. This is also true when the defendant intentionally attempts to hide or cover up their actions. For instance, long-term exposure to a medication may cause cancer, but the injury may not be known until several years after you begin taking the medication.
Contact the Kennesaw Personal Injury Lawyers at Starks Byron, P.C. for Help Today
Since there are many exceptions to the general rule, you should always seek help from an experienced Kennesaw personal injury attorney as soon after your injury as possible. Starks Byron, P.C. is here to help investigate your claim and determine the specific filing deadline so that you do not lose your opportunity to obtain a financial recovery for your injuries.
For more information, don’t hesitate to contact our team at Starks Byron, P.C. to schedule a free consultation with a personal injury lawyer in Kennesaw, GA today.
We proudly serve Cobb County and its surrounding areas:
Starks Byron, P.C.
1275 Shiloh Rd NW Ste 2710,
Kennesaw, GA 30144
(404) 795 5115
