What is the Statute of Limitations for Personal Injury Cases?


If you want to lodge a personal injury claim in Georgia you have got some time to do it, but not a lot. The statute of limitations for personal injury specifies in legal terms just how long you have, depending on the type of injury sustained.

Most commonly, you have two years to file a personal injury claim in Georgia, but in some instances, you have less time and in others, more time.

So, for instance:

  • If you believe you have suffered personal injury as a result of libel or slander you have a year to file a claim.
  • If you have been defrauded by someone or have been injured in an accident of some sort, you must get your Roswell personal injury attorney to lodge your claim within two years. You also have two years to claim if personal injury was due to a defective product or medical malpractice.
  • If you have suffered injury as a result of collection of debt on an account, or perhaps because of damage to your personal property, you usually have double this length of time to file. You also have a period of four years to file if the damage was a direct result of trespassing.
  • If it was because of a contract you entered into, provided it was a written agreement you have six years. If it was an oral contract the time period is reduced to four years.

The issue is that if these time limits weren’t part of the statute of limitations for personal injury, people could bring lawsuits to court long after disputed events have taken place. If people were able to file at any time after an incident they claim was damaging it might be difficult to prove or disprove evidence. So really, the statute of limitations for personal injury is in the interests of all parties concerned.

The reason people are given some leeway is that quite often they don’t realize they are eligible to claim. In some cases, people don’t even realize they have been injured, or, if they recognize an injury, they don’t immediately identify the cause. For example, a dread disease like cancer might be the direct result of the work environment, but it might only present years after the person has stopped working. Or it might be due to discrimination that has resulted in a woman getting paid less than her male colleagues, but she doesn’t know this at the time. In this instance, the state might allow the claimant to extend the time period allowed. Usually, this “discovery” rule allows a year after the injury has been discovered.

What Happens if The Statute of Limitations for Personal Injury Expires?

If the statute of limitations for personal injury in Georgia expires there is usually no point in filing because the case will be dismissed and barred from re-filing in the future. This is just one reason why it is so important to get legal advice from an experienced Roswell personal injury attorney as soon as possible after an accident, or after identifying some other form of damages.

Please note that the information supplied above is just a general guideline and might vary from case to case.

If you have suffered personal injury in any way contact the Don Turner Legal Team to get a Roswell personal injury attorney on your side. Our team will also be able to confirm just how long we have to file your claim.

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