If you are interested in filing a personal injury lawsuit, you should know that your case is subject to certain time limits – known collectively as the “statutes of limitations.” These deadlines prohibit injured parties from pursuing compensation after a certain amount of time has elapsed, thus preventing the looming “threat” of litigation long after the event has taken place.
As a general rule, the time limit for filing a personal injury law case is two years from the date when the injury took place. For wrongful death cases, the time limit to bring a lawsuit forward is also two years from the date of the loved one’s death. Further guidelines are discussed below.
If you were injured as a result of negligence, your claim must be filed in a timely manner.
Statutes of Limitations for Civil Lawsuits in Georgia
- Personal injury: two years from the date of your injury
- Medical malpractice: two years from the date of your injury
- Property damage: four years from the date of the incident
- Libel or slander: one year from the date of the incident
- Breach of written contract: six years from the date of the incident
- Breach of oral contract: four years from the date of the incident
Are There Exceptions to the Statutes of Limitations?
In certain cases, the statute of limitations may be “tolled” – or paused. If the injured party is a minor, for example, the statute of limitations can be tolled until they become an adult. The same applies for persons who are mentally incompetent at the time of the event, as well as persons who suffer a disability that causes legal incompetence.
In other cases, the statute of limitations can be extended to account for the delayed discovery of the plaintiff’s injuries or damages. This is known as the “discovery rule.” If your injury was not discovered immediately after it was inflicted, the statute of limitations would start running once the injury is, or reasonably should have been, discovered.
Act Fast with the Help of an Atlanta Personal Injury Lawyer
If you or someone you love has been injured, it is important to act quickly. The longer you wait, the less time you will have to file a valid claim. For this reason, we encourage you to contact an Atlanta personal injury attorney at Pratt Clay, LLC as soon as possible. Our firm has recovered over $70 million in compensation on behalf of our clients and litigated personal injury cases in 25 different states. Call now to find out how our team can assist you.