The statute of limitations for personal injury lawsuits in Decatur is, in most cases, two years. However, there are exceptions to this time limit, which our Atlanta personal injury lawyers will discuss below.
What Is a Statute of Limitations?
A statute of limitations is a time limit for how long an injured party (also known as the plaintiff) has to take legal action. There are statutes of limitations for both civil and criminal cases. We will only be discussing the civil statute of limitations, which pertains to how long you have to file a lawsuit.
Georgia’s two-year statute of limitations, found in O.C.G.A. § 9-3-33) applies to:
- Motor vehicle accidents
- Atlanta slips and falls
- Medical malpractice
- Nursing home abuse
- Atlanta Wrongful death
- Product liability
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What Happens Once the Statute of Limitations Expires?
If you fail to file within this period, you will likely be unable to file a lawsuit. This means that you may be unable to recover what you deserve. You can negotiate with the insurer once this time limit has expired; however, you will have no leverage. You’ll likely have to take what you can get, which will likely be much less than you deserve.
What Exceptions to the Statute of Limitations Exist?
There are a few exceptions to Georgia’s statute of limitations that may pause or shorten the time limit.
The Statute of Repose
The statute of repose is a different type of statute of limitations. You can think of this as an ultimate deadline. The statutes of limitations for some types of injuries have certain stipulations that toll (i.e., pause) the statute of limitations. Two injury types with statutes of repose are medical malpractice and product liability.
Medical Malpractice Statute of Repose
Per Georgia’s medical malpractice statute of limitations, injured parties have two years to take action after an injury. However, injuries from medical malpractice are not always apparent as soon as they happen. For this reason, Georgia has an exception called “the Discovery Rule.”
Per the Discovery Rule, injured parties have two years from the time they discover or should have discovered the injury to take legal action. For example, you underwent surgery. Two years later, you start experiencing extreme abdominal discomfort. You go to the doctor, and an X-ray determines that a surgical sponge was left in your abdomen after surgery. You have two years from that date.
Per the statute of repose, however, injured parties only have five years from the date of the injury to take legal action. This means that you cannot file a lawsuit once five years have passed, even if you discover the injury four years after the negligent act.
Birth injury cases also have a statute of repose. Parents have two years to file a birth injury lawsuit; however, the statute of limitations does not begin ticking until the child’s fifth birthday. This means that the statute of repose is the child’s seventh birthday.
Product Liability Statute of Repose
Georgia’s statute of limitations for product liability lawsuits is two years. This time limit will not start ticking until you discover your injuries.
However, the statute of repose is 10 years “from the date of the first sale for use or consumption of personal property.”
Time Limits for Cases Against the Government
Different time limits and requirements apply in cases against the government.
- Cases against Decatur: Per O.C.G.A. § 36-33-5, you must file a written Notice of Claim within six months of the accident.
- Cases against DeKalb County: Per O.C.G.A. § 36-11-1, you have one year to file a claim against a county government.
- Cases against the state of Georgia: Per O.C.G.A. § 50-21-26, you must file a written Notice of Claim within one year of the accident.
We know these time limits can be confusing. We recommend that you call our attorneys as soon as possible to ensure you don’t accidentally overstep the statute of limitations in your case.
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Why Does the Statute of Limitations Exist?
Statutes of limitations were originally enacted to protect potential defendants from lawsuits that might be unfair. Without a statute of limitations, people could be subject to lawsuits several decades after their negligence caused an injury. If this was the case, defendants would have no way to protect themselves as evidence would likely be gone.
Statutes of limitations also prompt injured parties to act more quickly, which helps ensure they get the evidence they need before it disappears. It ensures that they aren’t asking eyewitnesses to recount what happened in an accident several years before.
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Is There a Time Limit for Insurance Claims?
Most insurance companies have their own time limits for filing personal injury claims. It’s important that you file quickly to ensure you don’t miss this deadline. Our personal injury attorneys can help you understand the time limit for your insurance claim.
Statutes of Limitations Are Only One Reason to Act Quickly
While two years may seem like a long time, there are several things you need to consider when determining whether you should take legal action.
- You need to reach Maximum Medical Improvement or receive a full prognosis before you determine what your case is worth. This can take months or longer.
- Cases take time to build. A strong case requires investigation and preparation. If you don’t act quickly, we may not have the time we need to build a robust case.
- Evidence can disappear or be destroyed. Evidence starts disappearing within days of an accident. If you call our team early, our investigators will likely be able to gather more evidence than they would have if you called months after your accident.
- You may want to negotiate with the insurance company for a fair settlement before filing a lawsuit, depending on your case.
Our personal injury attorneys can help you manage deadlines and build a robust case.
Don’t Risk Overstepping the Statute of Limitations for Injury in Decatur
Act quickly and get our personal injury lawyers’ help today.
We handle cases on a contingency-fee basis, so you don’t need to worry about coming up with the money necessary for a retainer.
Call us today to get started.
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