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How Georgia’s Statute of Limitations Affects Personal Injury Lawsuits

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A time limit, known as a statute of limitations, applies to all personal injury cases filed in a state’s civil court system. In Georgia for most personal injury claims, this time limit is two years, and the clock generally starts running the day you had your accident or sustained your injury.

Statute of Limitations – Nothing to Take Lightly

SOLIt is critical to understand and follow Georgia’s statute of limitations in personal injury cases, because if you try to file a lawsuit after the two-year time period has passed, the court will likely refuse to hear it, and consequently you’ll lose your right to pursue compensation for your damages. For injury claims against a city or county in Georgia, the statute of limitations is often to be as short as 6 months to 12 months respectively due to Ante Litem Notice requirements. For claims against the State of Georgia, the time limit is two years but requires special notice forms to be completed before filing a lawsuit.

To put this in perspective and generally speaking, in Oregon, the statute of limitations for personal injury lawsuits is 10 years; injury victims in Maine, Minnesota, and North Dakota have six years; and Tennessee, Kentucky, and Louisiana allow only one year to file a claim.

Exceptions to Georgia’s Civil Statute of Limitations

Although the statute of limitations for personal injury claims in Georgia is two years, there are several potential exceptions:

 

injury-statute-limitationsThere is often confusion regarding which statute of limitations applies to a particular claim and whether or not there may be exceptions. The best way to clarify this important issue is to speak with an attorney experienced in personal injury that regularly had such claims in Georgia. At Childers, Schlueter & Smith, LLC that is all we do. If you have questions about your particular situation give us a call. We are happy to help and provide free initial consultations so you can properly understand your legal rights.

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