- A statute of limitations is the time period within which you must file your legal claim.
- If the statute of limitations runs out, you will not be able to file a lawsuit, and you may never get compensation for lost pay, medical expenses, or pain and suffering.
- Statute of limitations periods can vary depending upon the type of claim and if the victim is a minor.
A statute of limitations is the time period within which you must file your legal claim. Georgia, like all States, has a Statute of Limitation. If you or a loved one has been injured, it is important for you to get legal help right away. If the statute of limitations runs out, you will not be able to file a lawsuit, and you may never get any money for lost pay, medical expenses, or pain and suffering.
Georgia’s Statutes of Limitation vary depending upon your type of claim. Here are a few of them. We recommend you consult with an attorney immediately. as there are exceptions to these general statements, and interpretation of these Statutes and limitations periods can vary:
Wrongful Death Actions
You can bring a wrongful death action against a person or company that has negligently, carelessly, or intentionally killed a loved one. In Georgia, you must usually file your claim within two years of the date of death of your loved one.
Personal Injury Actions
You can bring a personal injury action in Georgia if you have been injured at the hands of another person or company. Injuries stemming from car accidents, truck accidents, motorcycle accidents, dog bites, and slip and falls are common personal injury actions. You must usually file your claim within two years from when your injury occurred.
Medical Malpractice Actions
Medical malpractice occurs when a medical professional causes you injury because he or she was negligent, this is known as medical negligence. Generally, in Georgia you have to file your claim within two years of the date of the incident that caused your injury. In some rare Georgia cases, you may have up to five years from the date of the action to bring your claim.
Medical Malpractice Actions Based on a Foreign Object Left in Body
If a surgical sponge or tool is left in your body, you have a cause of action. The limitation period for most cases of this type in Georgia is one year from the time the negligent act was discovered.
Products Liability Cases
If you are injured by a product that was either had a design defect or a manufacturing defect, you may have a claim known as a products liability case, and you may be able to recover money for your injury. In Georgia most products liability cases must be filed within two years of the date of your injury, but there is also a ten year limitation period following the date of manufacture known as a statute of repose.
Special Rules for Minors
In most cases involving an injury to a minor (other than wrongful death or medical malpractice), the statute of limitations doesn’t start to run until a minor turns 18 years of age.
What Happens When The Statute of Limitations Runs Out?
When the statute of limitations runs out on a case, an injured party is usually prohibited by law from pursuing his/her personal injury claim. While the statute of limitations for a personal injury claim in Georgia generally is two years from the date of injury/incident. However, there may be certain extenuating circumstances which may toll and/or extend the statute of limitations, including but not limited to, reaching the age of majority and pending criminal proceedings. Thus, it is important to immediately consult with an attorney when you are injured due to someone else’ negligence.
We Can Help With Statute of Limitation Questions And Concerns
Still have questions? The Millar Law Firm, Georgia Injury Attorneys can help! It is important to contact an attorney as soon as possible after you are injured so that your claim is not barred by a statute of limitation or a statute of repose. The Millar Law Firm leads the way in getting you the money you deserve and the personal support and compassion you need to get your life back in order.