Author: Sami Tabbaa
A popular saying is that time waits for no one, and that saying is particularly true when it comes to personal injury claims in Georgia. Unfortunately, too many accident victims wait until they make a full recovery to file a claim against the negligent party. Waiting until you recover may result in you missing your deadline to file a personal injury claim, forcing you to cover medical expenses, property damage costs, lost wages, and other accident costs out of pocket. Hiring a Georgia personal injury is the most straightforward way to ensure you meet all deadlines set forth by the state’s statute of limitations and other court timelines.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum amount of time from an accident date that parties have to begin legal proceedings. The time to file a claim will vary from state to state. Sometimes, the time to file may vary based on the injury or the type of damages you are seeking.
What Is the Statute of Limitations in Georgia?
In Georgia, the statute of limitations for personal injury cases is two years from the injury or death date. Some injuries that fall under the two-year time frame in Georgia include:
- Car, truck, or motorcycle accidents
- Wrongful death
- Bike accidents
- Pedestrian accidents
However, it is essential to note that Georgia extends the statute of limitations for victims only seeking property damage costs to four years.
Are There Exceptions to the Statute of Limitations in Georgia?
While Georgia courts are typically strict in following the statute of limitations, there may be a few exceptions limiting or extending this deadline. For example, a court may pause the time limit if the person who caused the accident moved out of the state before you can file a claim. A court will likely resume the two-year time limit once the defendant returns to living in Georgia.
A court might also stop the time limit if the injured party is under 18 or is mentally incompetent. A judge might start the time limit once the injured person turns 18 or has their mental competence restored. Similarly, a court might extend the statute of limitations if an accident victim could not have reasonably discovered an injury, medical problem, or product defect within the statute of limitations.
Since there are strict deadlines you must meet when filing a personal injury claim in Georgia, it is a good idea to contact an injury attorney as soon as possible. Injuries may worsen over time and waiting to file a claim until you recover may result in you missing the deadline. Additionally, both your lawsuit and recovery may suffer if you file a claim in the midst of recovering. A Georgia personal injury lawyer can help.
Time Limit to File a Claim against a Government Agency in Georgia
Regardless of the two-year statute of limitations, other deadlines might invalidate your case if you miss them. For example, an injured party may only have six to 12 months to send notice to a government agency responsible for their injury. If they do not do this, the injured party might lose the right to bring a claim forward. Furthermore, at each level of government representation, some different rules and regulations dictate how long you have to file a claim and how you must present the claim to the agency.
Filing a claim against the government in Georgia is complex, and one missed detail may result in a judge dismissing your case. Do not risk this and contact the injury attorneys at Tabbaa Law. They can review the case and guide you through the legal process.
What Happens If I Miss the Statute of Limitations?
Once the statute of limitations passes, your case is void, and a court will likely dismiss the case. Georgia courts rarely forgive failing to file a claim within the statute of limitations. With that in mind, it might be challenging to find an attorney within six months of the statute of limitations date. Most attorneys do not want to be responsible for investigating, drafting, filing suits, and serving defendants in such a short amount of time. That is why you must contact an attorney immediately after a personal injury accident.
Contact the Injury Attorneys at Tabbaa Law Today
You must speak to a Georgia personal injury attorney about your accident sooner than later. Legislatures enact statutes of limitations because they know that evidence is lost and memories fade over time. Additionally, lawmakers believe that accident victims should pursue worthwhile cases immediately. That is why you must contact Attorney Sami Tabbaa of TabbaaLaw immediately.
With extensive experience at law firms across the Greater Atlanta Area, you can be confident that Attorney Sami Tabbaa will provide robust legal representation. He can also handle the day-to-day aspects of your claim by gathering and reviewing evidence, filing court motions, and speaking to witnesses. If you wait too long to contact us, you might lose out on your chances of receiving compensation. Don’t delay and contact Tabbaa Law today. To schedule a free consultation, call (770) 370-7881 or complete our contact form.Personal Injury