Personal injury lawsuits make it possible for individuals to obtain compensation for damages that result from many types of injuries.
Liable parties are held accountable by the courts through personal injury claims, which help protect others from future injuries.
The statute of limitations is an important factor to consider when filing a personal injury lawsuit. Understanding the time limitations ensures that you’re able to receive the compensation you deserve.
UNDERSTANDING THE STATUTE OF LIMITATIONS
The statute of limitations refers to the time limit related to filing a legal claim. For personal injury cases, it begins at the moment in which a person is injured.
These rules help to preserve the integrity of evidence and prevent the threat of future lawsuits. In the state of Georgia, personal injury cases have a 2-year statute of limitations.
Other offenses such as property damage and the collection of outstanding debts have a 4-year limit, and the time limit rules can vary from state to state.
COMMON ISSUES RELATED TO STATUTE OF LIMITATIONS
Some injuries may not be realized until long after they’ve occurred. This is common in cases of discrimination or defamation. Physical harm caused by the long-term exposure to chemicals or repetitive movement injuries also fall under this category.
The time period can begin at the point in which a person discovers that an injury has occurred. This is known as the Discovery Rule under Georgia law.
It makes it easy for individuals to file a claim at the time of discovery or when the injury should have been realized.
The statute of limitation may be tolled (paused) in cases where the plaintiff is under the age of 10 or not mentally competent when the injury occurred.
Time limits for personal injury cases can be reduced through the use of a contract between the relevant parties.
PROTECTING YOURSELF IN A PERSONAL INJURY CASE
The most important step in protecting yourself is to obtain the guidance of a skilled attorney. The state of Georgia has fixed time limits related to personal injury claims.
An attorney helps you determine your best options while ensuring that your rights are asserted. You’ll have the resources needed to understand the statute of limitations and maximize the compensation you receive for your injuries.
Your injuries and damages should be documented appropriately to improve your chances of success. Your attorney helps gather the evidence and witness information needed to support your claim.
Dealing with insurance companies is a complex and overwhelming process. Your attorney can provide the guidance you need when communicating with insurance companies and the attorneys representing defendants.
Signing liability releases or settlement offers without legal representation can cause you to forfeit your rights and compensation. Consult with your attorney prior to speaking to anyone related to the case.
Time limits for a personal injury lawsuit serve a number of functions. But many are unclear about the statute of limitations and how they apply to personal injury cases.
A skilled attorney will help you recover your losses and protect the future of you and your family.