Statute of Limitations

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What is a Statute of Limitations?

Laws called “statutes of limitations” limit how long you have to file a claim for damages after an accident. In civil cases, like motor vehicle accident claims and other personal injury cases, the court wants the injured person to come forward immediately after the accident. So if you’ve been in an accident, you need to find a lawyer as soon as possible for your chance for maximum compensation.

What Are the Statute of Limitations Laws in Georgia?

A statute of limitations is just a law that sets deadlines for when victims can file certain kinds of accident claims. The statutes of limitations in Georgia are:

  • Two years for the majority of personal injury claims
  • Six months for cases against a government entity

Most of the time, these deadlines start when an accident or injury happens. However, in some cases of medical malpractice, when the claim deals with an undiagnosed medical condition, the deadline may start when the condition is found.

Can the Statute of Limitations Be Extended?

It’s essential to file your claim as soon as you can. If you miss the deadline set by the statute of limitations, there is a very slim chance for an extension.

There are very few times when a court will accept a claim that was filed late. They include:

  • The injury or damage wasn’t found until later, like if a doctor left a foreign object in a patient’s body during surgery.
  • The accident left the victim in a state where they couldn’t go to court, like a coma. In this case, the time limit could start when you regain consciousness or mental capacity.
  • The victim was a minor. If a lawsuit was never filed, the deadline would start when the victim turns 18.

The court can be asked to take a case after the statute deadline, but it is unlikely to do so without a solid reason.

Contact the Personal Injury Lawyers at The Brown Firm

If you have been injured, the experienced personal injury attorneys at The Brown Firm offer free consultations to accident victims in Georgia and South Carolina. Call 800-529-1441 to speak with our personal injury team today!

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