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Here is a question about statute of limitations that is often heard in my Georgia Accident law office. We handle car accidents, motorcycle accidents, personal injury, and other injuries.
What is statute of limitations on a personal injury claim in Georgia?
The statute of limitations for a personal injury case depends on the type of defendant. For an individual, you should think in terms of a two year rule. For a local government, think in terms of six month rule to notify the attorney representing the county or city. For suing a state or federal government, think in terms of one year or two years depending. As you can see, it is always best to contact a lawyer instead of making huge mistakes.
Personal Injury Statute of Limitations Example:
You live in McDonough. You are driving your car in Atlanta, Fulton County and are rear-ended by a driver who lives in Dekalb County on January 5th, 2010. You have until January 5, 2012 to file your lawsuit. Where would you file it? In Dekalb County because that is where the at-fault driver lives.
HOWEVER: If the other driver received a driving citation for the incident, and plead to the ticket, the date of the plea or sentence starts the starts the two year period. So in the example above, let’s add the facts that the driver plead to following too closely on March 1, 2010. The new deadline to file your personal injury claim is March 1, 2012. Each state has different statute of limitations for civil courts. That means that there are different time limits, so if you lived in another state, forget that states laws.
The Law Office of Joseph P. McClelland, LLC provides personal injury and divorce advice to clients in Atlanta, Decatur, Marietta, Stockbridge, Griffin, Forest Park, Riverdale, Conyers, McDonough, Jackson, Hampton, Locust Grove, Jonesboro, Morrow, Barnesville, Macon and Forsyth. We also represent clients in Dekalb County, Fulton County, Cobb County, Clayton County, Henry County, Butts County, and Spalding County.
Missing the statute of limitations deadline in Georgia is worst possible outcome for your case. An experienced accident attorney will make sure that the lawsuit is filed well before the statute of limitations in near.
Just because you are negotiating with the insurance company or even the law firm representing the insurance company does not mean you have met the statute of limitations. It is a requirement that legal action is commenced. That means you must file a lawsuit before the deadline or statute of limitations in Georgia.
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