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All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.

What is the statute of limitations in Georgia personal injury cases?

The statute of limitations for personal injury cases in Georgia is typically two years from the date of the injury. The statute of limitations window is also two years in a wrongful death case. Some special circumstances can affect the window:

  • Discovery Rule: In some cases, the statute of limitations may begin from the date the injury was discovered or should have been discovered, rather than the date of the actual incident. For example, if there were internal injuries that weren’t obvious at first.
  • Tolling Exceptions: Certain circumstances can “toll” or pause the statute of limitations. For example, if the injured person is a minor, the statute of limitations may not begin until they turn 18. Other exceptions include the defendant being out of state or if the injured person is mentally incapacitated.
  • Loss of Consortium: A spouse or close family member of an accident victim can claim loss of consortium damages if the accident has killed or disabled their loved one so much so that there is loss of companionship, affection, support, and services within the relationship. GA Code § 9-3-33 establishes a four-year statute of limitations for loss of consortium claims.

Don’t let the statute of limitations window slip by if you’ve suffered injuries. By swiftly speaking with a personal injury lawyer, Decatur GA accident victims give themselves the best chance at recovering rightful compensation. Acting quickly allows your attorney to gather fresh evidence, secure witness statements, and build a stronger case while details are still clear. Medical records and accident reports are easier to obtain early on, which is vital for proving your claim.

Prompt action can help you avoid delays in receiving compensation for medical bills, lost wages, and other expenses. Waiting too long risks weakening your case, losing evidence, and facing challenges from the opposing party, making it harder to recover the compensation you deserve. After an accident, it’s in your best interest to speak with a Decatur personal injury lawyer as soon as you are able to do so.

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