How much time do you have to file a personal injury lawsuit in Atlanta?

How much time do you have to file a personal injury lawsuit in Atlanta?

On Behalf of | Oct 6, 2021 | Personal Injury |

You have the right to take legal action if you sustain an injury due to someone else’s negligent or reckless acts. However, if you want compensation for resulting treatment costs, lost income and pain and suffering, you will need to act within the specified statute of limitations. 

Basically, every state has a timeframe within which you can sue the at-fault party for compensation. Think of it as a countdown time that starts the moment you are involved in the incident that resulted in your injury. You risk forfeiting your ability to hold the party responsible accountable if you file your claim after the statute of limitations period expires. 

What is the statute of limitations for personal injury in Georgia?

You have two years from the date of the accident to file a personal injury lawsuit in Georgia. This includes wrongful death as well as car, motorcycle and pedestrian accidents claims. You risk forfeiting your chance of getting the compensation that you deserve if you do not file your claim within the 2-year period. 

While 24 months may sound like a lot of time, it really is not much. You need to finish receiving medical treatment, investigate the causes of the crash and take other steps to build your case before filing a personal injury claim. 

What if the at-fault party is a government agency?

Thanks to something known as “sovereign immunity,” you usually cannot sue any government entity in the state of Georgia. However, this law does not apply if you sustain an injury at the hands of a government entity or employee. 

That said, different rules and procedures come to play for personal injury lawsuits involving the government. Notably, you will be required to file a special administrative claim with said government agency before filing a civil lawsuit in court. Depending on the government agency you are claiming compensation from, you will have a matter of months, not years, to file your administrative claim. 

As the adage goes, time waits for no one. If you have sustained an injury due to another party’s negligence, and you decide to sue for damages, you must adhere to Georgia’s statute of limitations for personal injury claims.