State and federal courts have time limits for filing civil claims or criminal charges. These are known as “statutes of limitations,” these time limits aim to maintain the integrity of evidence, encourage diligence in plaintiffs, and maintain fairness for defendants. Although the exact time frames of the Georgia statute of limitations are based on the type of civil complaint or criminal charge, they apply to most court cases we handle here at Marks Law Group.
Knowing the statute of limitations for your case, whether it involves business law, criminal law, or personal injury law, is crucial to understanding your rights and navigating the legal process.
Personal injury law aims to enable injured parties to recover financial compensation for their damages from the responsible party. However, the more time that lapses, the harder it is to do so. To avoid this, the courts encourage personal injury victims, including car accident victims, to take action as quickly as possible after the car accident.
In Georgia, the statute of limitations for personal injury claims is two years for most bodily injury cases, such as wrongful death.
This statute of limitation starts from the date of the accident, injury, or death. Now and then, in medical malpractice claims involving a missed diagnosis, the time limit to file a claim may begin from the date when the condition was found because the patient has no other way to learn about the issue in the past. However, there’s a five-year statute of repose for medical malpractice claims in Georgia. This means the medical malpractice victim can’t take any legal action once the five years have elapsed since the act that caused his or her injuries, regardless of the time it took him or her to recognize that malpractice happened.
Although the court might be asked to take a case whose statute of limitation has lapsed, it’s unlikely to do so without a substantial reason. However, don’t let this stop you from pursuing your personal injury claim. Based on the facts of your claim, an experienced Decatur personal injury lawyer from the Marks Law Group can help you construct a strong argument in your favor.
A plaintiff has a time limit in which to file a civil claim, this is called “statutes of limitations.” The goal of these limitations is to make sure claims are made while evidence is relatively valid and to avoid the possibility of the lawsuit going on long after the disputed event has happened.
Georgia’s statute of limitations applies to civil cases. Georgia civil statute of limitations laws impose a two-year time frame for personal injury and fraud claims and a four-year time limit for trespassing, debt collection, and damages to personal property.
Georgia has a two-year statute of limitations for all personal injury and wrongful death lawsuits, including those involving car, truck, or motorcycle accidents. In case of a personal injury in an auto accident, the two years’ time period starts to run on the date of the car accident. Thus, the injured party; if they’re adults; they must file their lawsuit by the second anniversary of the motor vehicle accident.
However, the two-year statute of limitations is “tolled,” which means it doesn’t start to run if the injured party is under 18 years of age. If a minor is injured in a car accident, the two years time limit doesn’t start to run until they’re emancipated by marriage or reach their eighteenth birthday.
Georgia allows lawsuits involving minors to be filled up to two years after the minor gets married or turns 18 years of age. Also, other “tolling” provisions in the state of Georgia may effectively extend the two-year time limit for car accident lawsuits.
Because of the many tolling provisions which might apply depending on the facts and circumstances of each case, determining when the two-year time limit will expire is a complex matter. Thus, it’s essential to consult with an experienced civil lawyer as soon as possible to find out when the statute of limitation will expire in your case and what legal options you have.
According to Georgia state laws, you must report any car accident that results in at least $500 worth of damage. The statute of limitations states that you have to report an accident immediately to the police, however, while there’s no exact amount of time you have, don’t wait long to do so.
Further, 30 days is the longest you would have to wait to report your accident. However, the longer you wait the less useful a police report will be, especially if you plan to file an insurance claim later.
Many people are afraid to report auto accidents because they fear the police report will be used against them. However, in Georgia, the report you file can’t be used against you in court. Besides, the information in a police report written at the accident scene can be quite useful in proving your case.
For decades, our team of dedicated and experienced personal injury attorneys has worked closely with clients in Decatur, GA and throughout Georgia to help them in all aspects of their financial compensation recovery.
Whether you have suffered catastrophic injuries in a car accident or a soft tissue injury that heals more quickly, we will give you the same personal attention that all our clients receive. We operate differently than most law firms, starting by informing our clients about major developments in their case.
Consulting our trusted Atlanta personal injury lawyers with extensive experience in personal injury law can help you understand your rights and options. To learn more about how the statute of limitations in Georgia may apply to your case, schedule a free initial consultation today with one of our experienced attorneys. Contacts us today at (404) 939-1485, or chat with us online to learn how we can help.