If another person’s negligence (carelessness) or other wrongdoing causes you to sustain an injury, you may be able to file a legal claim against them. A personal injury case can result in compensation for both your financial losses as well as your pain and suffering.
However, the process of securing compensation is anything but automatic. You might need to deal with insurance companies and other complex processes, including filing a lawsuit and taking your case to court if necessary.
Either way, the Georgia statute of limitations could impact your case – whether regarding a car accident or other situation – in one way or another. Read on for an overview of what this is and how it works.
What’s a Statute of Limitations, and What Is its Purpose?
A statute of limitations is a law that sets time limits for filing lawsuits.
Statutes of limitations apply to both criminal and civil cases (personal injury claims fall in the latter category), and the specific time limits can vary from state to state. If a lawsuit isn’t filed within the applicable timeframe, the court can dismiss the case for that reason alone.
The main purpose of having a statute of limitations is to ensure that legal claims are resolved promptly and in the spirit of fairness. Evidence can fade over time, and plaintiffs (such as injured victims) are required to bring their claims within an appropriate amount of time. Otherwise, defendants (at-fault parties) could live their entire lives with the weight of a possible lawsuit on their shoulders.
What Is the Georgia Statute of Limitations for Personal Injury Cases?
A few states, like Tennessee, have a very short one-year statute of limitations for personal injury cases. Others, like Missouri, have a five-year deadline. Georgia falls somewhere in the middle; the current statute of limitations for most personal injury cases in the Peach State is two years under O.C.G.A. § 9-3-33.
This means that, usually, you have two years from the date of your accident or injury to file a lawsuit in court.
Exceptions to the Statute of Limitations for Personal Injury Lawsuits in Georgia
There are a wide range of exceptions to the statute of limitations in Georgia – so many, in fact, that you should not outright assume that you have two years to take legal action. In some cases, the time limit may be shorter; in others, it may be longer.
Examples of exceptions include, but are not limited to:
- The “discovery rule,” which may allow you more time if you didn’t immediately know of your injury
- Cases involving the government, which might have shorter deadlines
- Situations where the at-fault party has fled the state to avoid being sued
- Cases involving minors under the age of 18
These are just a few examples of the many exceptions that exist. After any type of accident, it’s best to contact a personal injury attorney as soon as you can for legal help.
What Damages Can I Recover by Filing a Personal Injury Claim in Georgia?
For victims of most types of accidents in Georgia – such as those involving slips and falls, trucks, and more – both economic and non-economic damages are available. In rare cases that reach trial, punitive damages may be demanded (though they are not guaranteed).
Economic damages comprise your financial losses and expenses, including:
- Lost wages
- Property damage
- Related out-of-pocket expenses
- Diminished earning capacity
- Medical bills and equipment
Non-economic damages are for the subjective losses due to an injury, such as:
- Physical pain and suffering
- Emotional distress
- Reduced quality of life
- Conditions like PTSD and depression
Per state law, punitive damages require “clear and convincing evidence,” which is a tougher standard to adhere to than for economic and non-economic damages. The at-fault party must also have behaved egregiously, like injuring you intentionally.
How Much Does It Cost To Hire a Georgia Personal Injury Lawyer?
Almost all personal injury lawyers in Georgia work for a contingency fee. Rather than charging you upfront, a flat fee, or by the hour, you only pay attorney’s fees if you receive compensation.
In most cases, the contingency fee is about 33% of the jury verdict or settlement your attorney wins for you. If you don’t recover compensation, you owe zero in attorney’s fees.
This is a beneficial structure for both you and your attorney. You can hire any personal injury lawyer you want, regardless of your current financial circumstances, and your attorney will have the incentive to maximize your compensation.
Contact an Experienced Atlanta Personal Injury Lawyer To Discuss the Deadline For Filing Your Case
If you were involved in an accident, you may be entitled to compensation from the responsible party. However, you’ll need to take legal action – whether through an insurance claim or a personal injury lawsuit. The defendant will not accept complete liability on their own.
That’s where hiring a trusted Atlanta personal injury attorney can make all the difference. They can handle your legal claim from start to finish while you focus on recovering. The statute of limitations is one of the most important laws to remember for your case, but you won’t have to worry about it if you hire a lawyer right away.
Most personal injury attorneys offer free initial consultations, so you can get some preliminary legal advice about what to do at no cost. Call Guardian Accident & Injury Lawyers today to get started.