Personal injury cases are a complex area of the legal system where understanding the applicable timeframes can be the difference between securing compensation or being barred from obtaining benefits. The statute of limitations sets out the maximum timeframe in which legal proceedings, including civil claims, need to be instituted in order to be able to successfully claim compensation.
Read on to find out how soon you need to file a claim and why you should get a Fayetteville personal injury attorney to help you
The Statute of Limitations in Georgia
Section 9-3-33 of the Georgia statute stipulates that the maximum time in which a personal injury lawsuit needs to be filed must be within two years from the date of the accident which caused the injury, such as a car accident. In addition to personal injury lawsuits, the Georgia criminal statute outlines the time limits for filing charges in criminal cases, which vary based on the severity of the offense.
If you fail to abide by this two-year period, you will be barred from seeking compensation for your losses as a result of the injury. This statute of limitations also applies to almost all types of personal injury lawsuits in Georgia, including civil claims.
Exceptions to the Rule
There are certain exceptions to this rule which will extend the period in which personal injury lawsuits can be filed beyond the two-year period from when the accident occurred. These include:
These exceptions can also apply to serious felonies, including crimes punishable by life imprisonment or death penalties.
These exceptions can significantly impact the timeline for filing a personal injury lawsuit, depending on when the crime occurred.
Minor Children
For a minor child, the statute of limitations does not even begin to run until the child turns 18 years old. According to Georgia statutes, the statute of limitations for minor children does not begin to run until the child turns 18 years old. In cases of aggravated child molestation, the statute of limitations may be different, especially when DNA evidence is available and preserved. This rule, codified in Statute 9-3-73, is designed to protect the legal rights of children who are too young to take legal action themselves.
In medical malpractice cases, the statute of limitations for minor children does not expire before the child turns seven years old, even if more than two years have passed since the malpractice occurred.
Furthermore, a minor who has not reached the age of five years shall have two years from the date of such minor’s fifth birthday within which to bring a medical malpractice action if the cause of action arose before such minor attained the age of five years.
Mental Incapacity
If a person is mentally incompetent at the time of the accident, the period of disability is not part of the time limit for the commencement of the civil claim. For serious crimes such as aggravated sexual battery, the statute of limitations may be extended if the victim is mentally incapacitated at the time of the crime. The two-year limitations period starts once the disability or mental illness causing their incompetence is over.
However, an action for medical malpractice may not be brought by or on behalf of a person who is legally incompetent because of intellectual disability or mental illness after five years has passed since the date on which the negligent or wrongful act took place.
Leave of Absence
If the defendant leaves the state after an accident occurs but before a lawsuit can be filed, the time period in which the defendant is out of state will not be counted towards the timeframe in which a personal injury case needs to be filed. This exception also applies to cases involving damage to personal property, ensuring that the owner can still bring the case to court even if the defendant leaves the state.
Thus, the time period is suspended until the defendant returns to Georgia. This exception is designed to prevent a defendant from avoiding a lawsuit by simply leaving the state. This exception ensures that a criminal charge can still be pursued even if the defendant attempts to evade prosecution by leaving the state.
These exceptions are complex and can significantly impact the timeline for filing a personal injury lawsuit. Therefore, it is crucial to consult with an experienced personal injury attorney in Fayetteville to understand how these exceptions may apply to your case.
Impact of the Statute of Limitations
If a lawsuit is not filed within the time period specified by Georgia statutes, barring the exceptions, the injured person will lose their right to file a case against the responsible party. This includes serious crimes such as forcible rape, where prosecution must be initiated within 15 years of committing the crime. This includes cases of wrongful death, where the statute of limitations is particularly crucial. This means that the claimant will not be able to claim compensation or other benefits, despite suffering potentially severe losses.
Get Advice from an Experienced Fayetteville Personal Injury Lawyer for Personal Injury Claims
Understanding the statute of limitations within Georgia law and exceptions will ensure that the responsible parties are held accountable for their actions. Understanding the statute of limitations within Georgia law and the broader legal system will ensure that the responsible parties are held accountable for their actions. By hiring a Fayetteville personal injury attorney from the Weinstein Law Firm you can ensure that your case is filed on time and that the exceptions are taken into account when filing your lawsuit.
Contact us at 770-HELP-NOW to ensure that you get the compensation you deserve.
