In every type of personal injury case, plaintiffs have a limited time in which they can file a claim. Statutory law precludes the initiation of a case after the expiration of a set time.
The statute of limitations varies between states, and it is different for various types of claims. In Georgia, there are finite limits to the time in which personal injury victims can pursue a claim against one or more defendants.
How long is Georgia’s statute of limitations?
In most situations, statutory law gives plaintiffs two years to file a claim in court. Claims involving loss of consortium have a four-year window. In claims against a municipality, a plaintiff may have one year or less to initiate a claim.
When does the time period to bring a claim begin?
The plaintiff’s clock starts on the date of the event that caused their injuries. For example, the date of a car or bike accident. If the injury victim is unaware of the injury until a later date, the clock starts when they learned of the injury.
Are there exceptions?
There are very few exceptions to the statute of limitations. Courts have preserved claims for plaintiffs who were minors at the time of an injury and lacked legal capacity to initiate a claim within a two year period.
There is another exception for personal injury claims involving criminal matters. The statute tolls between the date of the offense and prosecution, giving victims of crime longer to pursue a remedy.
After the statute of limitations elapses, plaintiffs will lose their right to a remedy. Ultimately, it is crucial that personal injury claimants take timely action in order to avoid forfeiting their legal rights.