If you are injured in an incident, then you have the right to seek compensation. However, it is not always possible or obvious to start the process as soon as the event happens. In Georgia, there is a time cap within which you are expected to file any personal injury lawsuit. This cap is called a statute of limitations, and in Georgia it is two years. It is meant to block anyone from filing a lawsuit, even a personal injury lawyer, once the stated time has passed. The law is essential since it makes it easy to investigate and make rulings on injury claims.
There are, however, exceptions to the statute of limitations that your injury lawyer can explain to you. Regardless, it is important to file an injury claim as soon as possible. This is to avoid instances where you are denied compensation. The easiest way to ensure that this doesn’t happen is to consult a personal injury lawyer at Hammers Law Firm.
In Georgia, you have up to two years to file a personal injury claim. This is the case whether it is on your behalf or that of a relative. That is the rule for all injuries caused by an incident due to neglect by the party responsible. You also have two years to file the claim against the government. You have six months to file against the city.
It is crucial that you gather your details and start the process of filing as soon as you can. This allows your personal injury lawyer adequate time to plan and file the claim. The sooner the complaint is made means that there will still be plenty of evidence to support it. It is also more likely that your witnesses are still available. This will help you to have a strong case to support your personal injury claim.
If the window closes before you take your case to court, it may become difficult for you. If you file after this period, it is likely that the Atlanta, GA court will immediately throw it out. The defendant may also request that the court not tolerate your lateness. The court may not listen to your claim.
If you file after two years, your evidence may also become weak. You may lose some witnesses too, so your petition may not make sense even if it is allowed. There are, however, instances where the court may tolerate the late petition through your personal injury lawyer.
There are individual cases when the court may delay the statute. They include:
If the affected person was a minor at the time of the incident. The law becomes active once the child turns 18 years.
If the injured person was incapable of filing a suit due to mental illness or disability. The statute won’t apply till the person is declared competent to file for compensation.
If the injuries were not discovered within the two-year period and proves the injuries were as a result of the incident, the court may allow it.
If the injured person had to leave the state for reasons such as seeking further medical assistance. In case the wounded cannot return in time to file the claim, the court may extend the window. It means there is no consideration for the period when the victim was away.
There are other instances when the court may allow you to file a claim even after the statute period. Your Atlanta, GA injury lawyer is in a great position to analyze your situation and give advice accordingly.
In any personal injury claim, the most important thing to have is an excellent injury lawyer. Once you inform him or her of your incident, he or she will advise on the statutes and start working on the claim. Contact us at Hammers Law Firm for a free consultation and allow us to get you the compensation that you deserve.