Personal Injury Statute of Limitations Georgia: Know the Facts
The statute of limitations for personal injuries in Georgia is the amount of time that an injury victim has to file a lawsuit against the responsible party. Learn more here.
Understanding the Statute of Limitations Georgia
When you have suffered a serious injury, you need an experienced attorney to help you bring your case to court within the statute of limitations in Georgia.
Statutes of limitations were enacted because legislatures understand that evidence may be misplaced and memories gradually fade. Beneficial cases ought to be pursued with passion, and it’s essential that you speak with a lawyer about your case as soon as possible. If you wait too long, you will be unable to receive fair compensation for your physical and mental trauma.
An experienced and knowledgeable lawyer is vital for obtaining a successful conclusion to your case. Search for one who is communicative, has a proven performance history, and understands the intricacies of Georgia law. They will have the ability to analyze your case’s realities and determine what information might help in your case.
If you or a loved one was the victim of a careless or criminal action of another, you must contact a lawyer from the Rego Law Firm today.
What Is the Georgia Statute of Limitations for Personal Injury Cases?
The Georgia statute of limitations dictates the specific period of time a victim has to bring a case against the accused. If another individual is accountable for your injury, whether deliberately or not, you might be entitled to a financial settlement through the court if you file charges within the statute of limitations.
The time limits under the Georgia Criminal Code for some of the most common injuries are, as follows:
- Assault – two years
- Dog bite – 2 years
- False imprisonment – 2 years
- Fraud – two years
- Legal malpractice – four years
- Liable or slander – one year
- Medical malpractice – two years to five years
- Personal injury – 2 years
- Product liability – 2 years
- Property damage – four years
- Slip and fall accident – 2 years
- Trespassing – four years
- Vehicular accident – 2 years
- Written breach of contract – six years
When more than two individuals or entities are involved, or it is difficult to ascertain who is at fault, the victim should talk to a Georgia personal injury lawyer to ensure they are fairly compensated and won’t be held responsible for any medical bills they incur.
If you reside in Georgia, you might also be able to recoup lost income, medical expenses, and restitution for pain and suffering. An experienced legal representative understands the time limits within which you can sue for damages.
Statute of Limitations in Georgia in Criminal Cases
Whether you are the accused or the victim in a criminal case, the prosecution has to bring charges within the statute of limitations in Georgia. How much the affected individual receives will depend on the severity of their injuries. Serious trauma like brain damage will receive the highest level of compensation.
The statutes of limitations for some of the most common are as follows:
- Armed robbery – 2 years
- Cases involving a minor – 7 years
- Crime punishable by death or life imprisonment – 7 years
- Crimes that rely on DNA evidence – no time limit
- Damage to personal property – 4 years
- DUI – 4 years
- Forcible rape – 15 years
- Misdemeanors – 2 years
- Murder – no time limit
As you can see, the Georgia criminal statute of limitations allows a longer time limit for the prosecution to charge a person for a specific crime. Bear in mind that some crimes involving a minor (if a crime occurred on or after July 1, 2012) can be prosecuted at any time if the minor was younger than 16 at the time. These crimes include, for example, aggravated child molestation, first-degree cruelty to children, and incest.
In incidents where an accident or Georgia criminal offense results in the victim’s wrongful death, hiring a lawyer who specializes in litigating those types of cases can bring much-needed closure to the victim’s family.
Exceptions to Statutes of Limitations for Criminal Offenses
There are particular circumstances in which there are exceptions to the statutes of limitations in Georgia. In significant felonies like child molestation, kidnapping, rape, sexual battery, and sodomy, where DNA proof might impact the result, the regular limitations are voided.
If a minor is hurt, there is a two-year statute of limitations from the time they turn eighteen to report it. Anyone filing charges against a governmental body has merely six months to submit it. In situations where the complete degree of the injuries was not noticeable within the standard statutes of limitations, the time period starts when the symptoms are recognized. Your attorney can further clarify whether any of these exceptions apply to your case.
Georgia Statute of Limitations for Personal Injury Claims
Although in criminal cases, the statute of limitations represents the time limit the prosecution has to file criminal charges against an individual who is suspected of committing a crime, in civil cases, it is a time period during which a civil claim must be filed.
When another has physically hurt you, you must know the Georgia Law regarding the statute of limitations for a personal injury to take your case to court within the time limits. There are many ways you can be hurt by another individual or entity, such as mishaps in the work environment, tripping and falling in public locations, and medical neglect by a doctor, dentist, or in an assisted living facility. The most commonly submitted personal injury claim is for a car or motorcycle accident. Statute of limitations period for motorcycle or car accident claims is typically two years.
Personal injuries involving vehicular accidents or on someone’s private or commercial property are often covered by insurance. The insurer might also serve as a legal defense for the accused and negotiate a settlement. If you are hurt by someone else in a motor vehicle accident, the other driver’s motor vehicle liability insurance should cover your injuries and damage your vehicle.
Crucial Elements of a Negligence Claim
If you want to establish a successful negligence claim, four elements have to be proved. As a plaintiff, you have to prove that the defendant:
- Had a duty to provide a standard of conduct or care
- That she or he breached that duty
- Breaching the duty led to personal injuries
- Injuries caused damages to the plaintiff
In other words, the defendant had to act in a certain way. For example, in medical malpractice cases, if a surgical instrument was left in a patient’s body, it’s usually considered that the level of care a doctor has provided doesn’t meet the required level of care.
In other cases, a violation of a statute or an action against the custom in an industry can be considered a breach of duty. When a person is the victim of a slip and fall at the workplace or on someone else’s property, the property owner’s premises liability will be the grounds for compensation.
In addition, the plaintiff has to show that the defendant’s negligent behavior or omission to act if the situation required an action caused her or his injuries. Damages suffered as a result of these injuries also have to be proven.
Sometimes, a person who survived an accident hesitates to pursue legal action within the time limits out of fear that they are also partly responsible for the accident. However, the State of Georgia holds that an individual may recover damages in a claim as long as she or he was less than 50% responsible for the action that resulted in an injury.
How Can Georgia Personal Injury Statute of Limitations Affect Your Case?
The Georgia personal injury statute of limitations must be adhered to for compensation to be granted. Plus, the accused individual or entity must be evidentially guilty of acting irresponsibly in a manner that caused harm or monetary damage to another person.
If you were harmed due to the negligence or action of another, you might be worried about how you will afford your medical treatment, recover your lost earnings, and face other expenditures. A personal injury lawyer’s purpose is to advise their clients and help them win monetary compensation for their losses. Although money can never change what occurred to you, it can help you rebuild your life.
If you have been injured and are concerned about the statutes of limitations in GA, contact the Rego Law Firm for a free consultation today.