In civil law systems, a statute of limitations is a law that stipulates a specific timeframe within which parties involved in an incident should initiate legal proceedings.
If you do not file a lawsuit before the stated deadline, then it might void your claim. A statute of limitations applies in civil cases such as wrongful deaths, a slip, fall, or car accidents.
This article will discuss all you need to know about a statute of limitations for a personal injury claim in Georgia.
Deadlines vary from one claim to another
Generally speaking, the law requires you to file a lawsuit at least two years from the date of the incident, after which the judge will close your case and consider it void.
Civil incidents such as personal injury, wrongful death, personal injury, defective products, assault and battery, and false imprisonment have a maximum deadline of 2 years. You can file a lawsuit for property damage, legal malpractice, and trespassing for up to 4 years.
Some incidents such as medical malpractice and breach of contract have a deadline of a maximum of six years.
There are exceptions to the statutes of limitations
Tolling is a term used to describe the extension of the deadline to file a lawsuit. Some rare cases could lead to the tolling of statutes of limitations. For instance, if the injured individual is mentally unstable, a minor, or a fraud, the judge could decide to extend the deadline.
In addition to that, if the individual was not aware of the medical condition or defective product within the stated deadline, the law could accommodate a tolling. If you reside in Georgia, make sure you reach out to an Atlanta Personal Injury Attorney to determine whether tolling can apply in your unique case.
Ante Litem notice deadlines apply to government bodies
Most government bodies benefit from an ante litem notice deadline, whereby the claimant must send a notice to the organization responsible for their injury within 6 to 12 months.
After this deadline has passed, their case will be closed forever and cannot be revisited. You would be surprised to know that even little towns operate under this rule, and you can quickly lose your claim.
If your personal injury claim involves a Government body, get in touch with an attorney, who will ensure you don’t miss the ante litem notice deadline.
A claim of loss of consortium has a maximum deadline of four years
Your spouse can file a claim of loss of consortium against an individual or a business whose actions have caused harm to your marriage or family.
Adverse changes include the death of your spouse or loss of affection, protection, and moral support.
In Georgia, an individual involved in the loss of consortium is added an extra two years from the date of the incident to file their claim and receive adequate compensation for the pain and suffering caused by the injury.
This article has given you a snapshot of everything you need to know about the statute of limitations for a personal injury claim.
That said, ensure you get in touch with a good attorney, who will provide guidance and expert advice to help you navigate any issues in the realms of personal injury law.