What is a Statute of Limitations in a Personal Injury Case in Georgia?
How much time does a person have to file a lawsuit after a personal injury? In other words, what is the time window for filing a civil lawsuit after a motor vehicle crash, a slip and fall accident, or another type of injury in Macon, Georgia? These questions all concern the statute of limitations for personal injuries, and our Macon personal injury attorneys can tell you more.
What is a Statute of Limitations for a Personal Injury?
A statute of limitations is a clock, or time window, in which a party can file a claim. There are different types of statutes of limitations for various kinds of cases, including both civil and criminal cases. Georgia has a specific statute of limitations for personal injury cases broadly, and it says:
“[A]ctions for injuries to the person shall be brought within two years after the right of action accrues…”
It is important to know that the statute of limitations applies to civil lawsuits filed in order to seek compensation for a personal injury. Insurance claims filed after a motor vehicle collision, for example, have different timelines.
How Does a Statute of Limitations Work?
How does a personal injury statute of limitations work? In short, an injured party must file a civil claim before the Georgia personal injury statute of limitations runs out. For most types of cases, this means the injured person must file a civil lawsuit within two years from the date that their injury occurred. The two-year “clock” starts ticking on the date of the injury. Once two years from that date have passed, if the injured party has not initiated a claim, the claim will have become time-barred under Georgia law.
Wrongful death cases, or those brought by another party when a person is wrongfully killed, also have a two-year statute of limitations. However, in wrongful death cases that arise out of a fatal injury, the clock starts to tick on the date of the person’s death rather than the date of the injury (sometimes these dates are the same, but certainly not always).
Should I Wait to File a Claim If I Have Two Years?
Even though you will likely have two years to file a personal injury lawsuit, it is important to move forward quickly with your claim. Sometimes delays can be costly, and information may no longer be available. You will also likely be able to obtain compensation sooner if you win your case after filing immediately. Yet if necessary, you do have up to two years to file your lawsuit.
Contact an Experienced Macon Personal Injury Attorney Today
While the statute of limitations for most personal injury cases in Georgia is two years, as we have emphasized, it is important to get started on your case as quickly as possible. As more time goes by, witnesses can forget important details, and sometimes valuable evidence can be lost. In addition, the sooner you begin working on a claim, the quicker you may be eligible to obtain financial compensation. Do not hesitate to get in touch with one of the Macon personal injury lawyers at Buzzell, Welsh & Hill for assistance.
Source:
law.justia.com/codes/georgia/2020/title-9/chapter-3/article-2/section-9-3-33/
