What is the statute of limitations on an injury case?

March 25, 2015

Every state has laws regarding the amount of time within which an individual

can file a lawsuit. These laws are known as statute of limitations and

are intended to act as a defense against fraud and to ensure that enough

evidence and factual information still exists so as to maintain the integrity

and justice of the claim.

In the state of Georgia, the statute of limitations for personal injury

and wrongful death claims is two years.

Essentially, this means that you have two years from the time of the event

that caused your injury to file a claim against the other party. Failure

to do so may mean that you will not be able to recover the compensation

that you need for medical bills, lost wages, and pain and suffering. For

this reason, it is common for insurance providers and adjusters to use

bad faith tactics to delay settlements, so that they can offer you less

money than you deserve and avoid lawsuits. This is why it is essential

for you to contact an injury attorney in Atlanta immediately.

Don’t wait to take action: schedule your

free consultation to begin fighting for justice.

Exceptions to the Rule

In very few and rare circumstances, you may be able to file a personal

injury claim after the standard two year period has expired. Typically,

this involves determining when the “clock” has actually begun.

For example, in some injury cases, the clock does not begin to run until

the plaintiff “discovers” the cause of action, or should have

reasonably discovered his or her injuries. This is typical in chemical

or toxic exposure cases, where a disease may not reveal itself until well-after

the plaintiff’s exposure.

Another exception is in cases where the injured party is a minor. When

a minor is injured, the statute of limitations for that individual to

take legal action begins when the victim reaches the age of majority,

which is 18. This means that an injured minor has until the age of 20

to file a personal injury claim. In other circumstances, you may be able

to file to have the clock “tolled,” or suspended. This may

apply if one party falls under a disability to act or if the defendant

has fraudulently concealed the cause of action.

Want to know if your claim may be an exception?

Contact an experienced Atlanta personal injury lawyer at Henningsen Injury Attorneys,