Personal injuries can be caused in many different ways by numerous types of people. After getting injured in an accident, it is crucial to have our attorneys start your claim as soon as possible.
The statute of limitations for most people to file an injury claim is just two years. This does not leave much time to get treatment, consult a legal team, and gather evidence to support a complaint. The limitations period sets a strict deadline that will only be paused in certain cases. Children and individuals with disabilities will likely have more time to file. Our team can also argue for the time to be tolled if the defendant is not in the state or their fraud prevented you from filing sooner. Do not lose the opportunity to get your losses covered by working with our lawyers immediately after getting injured.
For a private and free case evaluation with our Marietta, GA personal injury attorneys, call Rice Law today at (470) 287-3070.
When You Must File a Personal Injury Lawsuit After Getting Injured in Acworth, GA
You might be aware that there is only a certain amount of time to file a personal injury lawsuit after getting injured known as the statute of limitations. Most injury victims are held to the same general limitations period, but some situations qualify for more time to file, while others require individuals to file faster.
Our personal injury attorneys can identify the deadline to file your claim and determine if the circumstances of your accident can toll the statute of limitations. Perhaps you were a minor when injured, or the potential defendant left the state or fraudulently delayed your claim. Or, you were the victim of medical malpractice or a government worker’s negligence and must file sooner. Either way, we can help so that you do not miss out on your chance to recover compensation.
The General Limitations Period
The general statute of limitations placed on most personal injury claims is two years, according to O.C.G.A. § 9-3-33. The time starts counting down the moment your cause of legal action arises, meaning you generally have two years from the date you were injured. If someone negligently or intentionally injured you on Feb. 1, 2025, you will have until Feb. 1, 2027, to file a lawsuit.
Two years is not as much time as it sounds and is less time than other states give injury victims to prepare their cases. Many people are concerned with their medical treatment and processing the incident after getting injured, so they typically need some time to decide whether to file a claim. Waiting too long, though, risks violating the two-year deadline, which will jeopardize your ability to recover compensation.
Defendants have a right to have cases filed against them within the limitations period, which is why the court will dismiss any claims filed after the deadline. If that happens, the plaintiff loses any legal recourse to recover compensation, leaving them on the hook for their damages. Special circumstances will need to be present in a case to toll or pause legally the statute of limitations. Still, never assume you have additional time. Instead, allow our team to review your claim to confirm your filing deadline.
Tolling for Legally Incompetent Victims
A common reason for validly tolling the statute of limitations is because the injury victim was incompetent when the accident happened. Individuals younger than 18 years old when their cause of action arose are entitled to the same amount of time under the general statute of limitations to file a lawsuit, according to § 9-3-90(b). Thus, children with personal injury claims have two years from their 18th birthday to make their case.
This exception to the limitations period also applies to individuals deemed legally incompetent because they had a mental, physical, or intellectual disability when their accident occurred, as per § 9-3-90(a). In most cases, a disability makes someone legally incompetent when their condition prevents them from understanding their injuries and right to pursue compensation. Once the disability is removed, the person has the same two-year time limit to file starting from that date. If an injury victim suffers a disability after the accident, the limitations period will still be tolled as long as they did not voluntarily cause or undertake the condition under § 9-3-91.
Tolling for Defendants Removed from the State
Another reason for tolling the statute of limitations is because the defendant is not in the state. This might happen after a hit-and-run crash or when the defendant is a company based in another state. According to § 9-3-94, the time they are absent from Georgia until they return to reside will not be estimated in their favor.
Tolling for Medical Malpractice
Most medical malpractice claims must be filed within two years of the healthcare provider’s negligent act or failure to act under § 9-3-71(a). However, a medical malpractice victim might not know that they have been harmed when it happened but discover it later, like when a foreign object is left in a patient’s body. In these situations, § 9-3-72 gives victims one year from the date the mistake has been discovered to file a claim. Still, a statute of repose prevents any claim for medical malpractice from being filed five years after the date the malpractice occurred, as per § 9-3-71(b).
Tolling for Fraud
The statute of limitations can also be tolled if the defendant commits fraud that prevents the injured party from bringing a claim. The defendant might have stalled settlement negotiations or given a false name after the accident. According to § 9-3-96, the limitations period will only start running when the victim discovers the fraud.
Claims Against a Government Municipality
Other deadlines apply to personal injury lawsuits against state and local municipal agencies. Under § 36-33-5(b), municipal corporations must be given notice of an event a claim is predicated on within six months of it happening. The claim will likely not progress if notice is not made in time.
Call Our Acworth, GA Personal Injury Lawyers for Help Today
For a free case assessment by our personal injury lawyers, call Rice Law at (470) 287-3070.