How long do I have to file a personal injury lawsuit in Georgia?

It depends on the type of case you have and the state you live in.

In Georgia, the “statute of limitations”—which is the rule setting out the time by which the lawsuit must be filed—allows two years for most personal injury cases and wrongful death cases, two years for medical malpractice cases from the date of the injury, and different lengths of time for different types of cases. For example, where a minor is injured, the statute of limitations for the injury is “tolled”; that means it doesn’t begin to run until the minor reaches the age of majority though his parents still only have two years from the date of the injury to recover for the medical bills they’ve incurred on their child’s behalf. It’s important you speak with a knowledgeable injury attorney who understands when and how the statute of limitations actually starts.

There are exceptions, however, that can make the period of limitation longer or shorter. For example, where the at-fault driver in a car wreck gets ticketed, the two-year time period during which a lawsuit must be filed usually does not start “running” until the ticket has been handled. In cases where the government is at fault, there can be important deadlines that come before the “statute of limitations.” If you believe you may have a legal claim, it is wise to consult an attorney about the time limitations as soon as possible.

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