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July 02, 2019

IS THERE A DEADLINE FOR FILING A PERSONAL INJURY LAWSUIT?

Posted by Dan Dewoskin in Auto Accident, Civil, Personal Injury, Serious Personal Injury and Wrongful Death

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If you are injured as a result of another person’s negligence, you are entitled under Georgia law to recover all damages that flow from that injury. Typically, this is referred to as a personal injury claim.

Many personal injury claims settle out of court without the necessity of filing a lawsuit. If the case is not settled out of court, the injured party has the option of filing a lawsuit in an effort to be fairly compensated through the legal system.

However, there is a time limitation for filing a personal injury lawsuit. That time limitation is called the statute of limitations. In Georgia, the statute of limitations to file a personal injury lawsuit, generally speaking, is two years from the date that the right of the action accrues. (O.C.G.A. 9-3-33)

For example, a personal injury suit based on a car wreck must be filed within two years from the date of the wreck. If you do not file suit within the statute of limitations, your case will be dismissed, barring extreme circumstances.

There are exceptions to the above rule. For example, under the same statute, a person has just one year to bring an action for injuries to reputation. Also, there are rules that pertain to the timeliness of serving the lawsuit on a defendant that relate back to the statute of limitations. There are other rules as well that can affect the viability of your lawsuit.

To best protect your ability to be properly compensated and to ensure that you do not miss the statute of limitations, you should consult with a trusted attorney about the specific facts of your case. Call the experienced trial attorneys at the DeWoskin Law Firm at 404-987-0026.

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Author: Dan Dewoskin