Understanding the Statute of Limitation for Personal Injury Lawsuits

Understanding the Statute of Limitation for Personal Injury Lawsuits Nov 17, 2016

 

There are very important deadlines that exist for the filing of personal injury lawsuits, and the exceptions for those deadlines are very narrow. In the state of Georgia, an accident victim has two years to file a lawsuit in court against the at-fault individual or entity. Injury claims against a county or city must be formally filed within a six-month window. In most cases, the clock on the statute of limitations begins on the date of the accident or the incident that led to injury. Failure to file a lawsuit in the appropriate amount of time may lead to a court refusing to hear the case and the loss of a right to obtain compensation for damages.

Below is an example of what can occur when a person files a claim outside the appropriate window:

A woman sued two prison employees for the wrongful death of her husband who was an inmate at the prison. The lawsuit was filed before the deadline to file the lawsuit. Shortly after filing her lawsuit in state court, she dismissed it. The woman then filed a second lawsuit, after the deadline, for the same claim in federal court. This time, it was thrown out by the federal judge, who said she could refile her state law claims in state court. So, the plaintiff filed a third lawsuit, this time back in state court. The lawsuit was thrown out as untimely. The Georgia Court of Appeals held that the plaintiff could only dismiss her case one time after the statute of limitations expired. Thus, the plaintiff was left with no recourse to pursue compensation for the death of her husband.

Because personal injury and wrongful death cases can be highly complex, it is critical for accident victims to contact experienced legal representation right away. A seasoned personal injury lawyer can inform a victim of their rights and help the victim understand crucial and applicable deadlines, the exceptions to such deadlines, and other features regarding complex Georgia law.

Harmed in an Accident? Call Warshaurer Law Group, P.C. Right Away

If you have been involved in an accident or have suffered the loss of a loved one due to a negligent, reckless, or careless individual, it is crucial you seek legal advocacy right away. At Warshaurer Law Group, P.C., we have the skills, knowledge, and experience needed to pursue compensation on your behalf. Remember, these types of cases should be dealt with immediately, so call our team as soon as possible. We can begin building a case for you.

To speak with an Atlanta personal injury lawyer, call us today. We are backed by more than two decades of experience!

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