What Is the Statute of Limitations on a Personal Injury Claim in Carrollton, GA?
If you were injured in Carroll County due to someone else’s negligence or wrongdoing, you may have the right to file a personal injury claim and request compensation for your medical expenses, pain and suffering, and more. In order to find out what your rights and options are, you should discuss your case with a Carrollton GA personal injury lawyer as soon as possible. No matter how your injury occurred, time is of the essence, as in Georgia, civil actions related to personal injury are subject to a strict statute of limitations. Waiting too long could cost you your compensation.
What Is the Statute of Limitations and How Does It Impact a Personal Injury Claim in Carrollton, GA?
All state and federal courts, including the civil courts in Carroll County, GA, have specific time limits, called statutes of limitations, for filing legal actions. When the time limits expire, people plaintiffs lose the right to take legal action. The statutes of limitations vary from one state to another and depend on the type of action.
For personal injury claims, in Georgia, the statute of limitations is of two years. As a reference, in Tennessee, it is of only one year, while in Maine it reaches six years. However, this does not mean that someone injured in Carrollton, GA, can safely wait for one year or one year and a half before contacting a personal injury lawyer or filing a personal injury claim.
It also does not mean that, if two years have passed from the injury, the person injured can no longer recover their losses. It only means that, as many other aspects of Georgia laws, the statute of limitations is a delicate issue that requires the input of a personal injury attorney. There are two important aspects everyone planning to file a personal injury claim should keep in mind:
- The more time passes before contacting a lawyer, the more difficult to prove the case will be – All personal injury claims have to rely on solid evidence that proves how the injuries occurred, who was at fault for them, and what the consequences were. The evidence can consist of photos and video recordings, witness testimonies, police reports, medical reports, and more. These are usually easier to obtain immediately after the incident than after several months have passed and they have been archived, lost, forgotten, or, worse, destroyed. A Carrollton personal injury lawyer who starts early on the case will wait to obtain all the necessary evidence, conduct their own investigations, and only take action when they know they can win. One who takes over the case at the last minute will not have time to conduct further investigations, obtain expert testimonies, or use other strategies that could help them win the case.
- The two years allowed by the Georgia statute of limitations for personal injury claims start running at the date of the injury or at the discovery date – According to GA Code § 9-3-33 (2017), the statute of limitations for personal injury actions is of two years from when the plaintiff accrues their right of action. This could mean two years from the injury date for cases where the injury was obvious immediately, or two years from the discovery date, for injuries that became obvious after a longer time period. Georgia is one of the states following the “discovery rule”, which means that the courts accept the possibility for an injury to be discovered later or allow for a reasonable time period in which the injury should be discovered. It goes without saying that those filing a personal injury claim after two years from the injury date have passed will have to prove that they discovered their injury later. A personal injury lawyer can help plaintiffs increase their odds of having their claims accepted and of obtaining the compensation they deserve.
Discuss the Statute of Limitations on Your Case with an Experienced Personal Injury Lawyer in Carrollton, GA
The best way to clear all doubts regarding the statute of limitations for your personal injury claim and to find out how much time you have left to take action is to consult a Carrollton personal injury attorney as soon as possible. They will analyze your case details, look at the evidence you have available, and advise you on the steps to follow and the available period.
You can find the experienced and dedicated lawyer you need at John B. Jackson & Associates. Contact us today to schedule a Free Consultation.