Personal injury law provides a way for victims to seek compensation. When it comes to personal injury law, every state has its own set of rules. The statute of limitations is one such law. For example, if you are hurt in Atlanta, you will have 2 years to file a claim and secure compensation.
By hiring personal injury lawyers in Atlanta, victims can ensure they operate within the statute of limitations to prevent losing their claim.
Keep reading to discover the key concepts of personal injury law every resident in Georgia with a claim should know.
What Is the Statute of Limitations in Georgia?
The statute of limitations is a law that sets a deadline for filing a lawsuit after an injury. In Georgia, the general statute of limitations is two years. If the claim is not filed during this period, victims can lose the right to be compensated.
However, there are some situations where these rules vary. These expectations vary depending on the incident.
When Does the Statute of Limitations Start?
The statute of limitations in Georgia starts after an accident occurs. However, the discovery rule applies in the event of latent injuries. The timeline is set from when an injury is discovered or the victim starts experiencing some symptoms.
If the victim was a minor or injured due to medical malpractice, the statute of limitations may not start until later. Minors can be allowed to reach 18 before the timeline starts applying.
Special Considerations
If a victim is mentally incapacitated or loses consciousness, such as being in a medical coma, the statute of limitations may be paused until they regain capacity. Sometimes a guardian is appointed to step in on behalf of the victim.
This ensures that victims who are unable to manage their legal affairs due to mental and physical conditions have a fair chance once they can.
Statute of Limitations for Wrongful Death
Wrongful death claims in Georgia have a similar statute of limitations to personal injury cases but start at a different time. The two-year mark begins on the date a person dies and not the day the injury that caused the death occurred.
In some instances, the period can be extended if there is a criminal case relating to the incident. This period gives loved ones the chance to seek compensation and justice for the departed.
Ante Leim Notice
In Georgia, if you are filing a personal injury claim against the government, you must submit an Ante Leim Notice before pursuing legal action. It is used to inform the government that a claim is being filed against them. Afterward, they will assess the liability and investigate to explore the option of settling the dispute without litigation.
For claims against the city and its entities, an Ante Leim Notice should be filed six months after an incident. County claims have a 12-month period. For state claims, the period is within 12 months but sometimes the deadlines might vary.
Failure to submit the notice during this period can lead to the dismissal of your claim even if you are still within the statute of limitations.
The Statute of Limitations for Military Personnel
The statute of limitations may be paused for Georgia residents actively serving in the military. This means that if a service member is injured but cannot file a claim due to military obligation, the statute of limitations only begins when they are off duty.
Thanks to this provision, military personnel can access the same legal benefits after their service to the nation. Those stationed at military bases should be aware of this protection to understand their rights.
Conclusion
Understanding the statute of limitations in Georgia is essential to protecting your rights or those of your loved one if injured because of another person’s negligence. Taking action within the allocated timeframe is important to get compensation.
