How Much Time Do You Have To File An Injury Claim?

surgery-resized-600When an incident occurs in the state of Georgia where someone sustains an injury there are two common potential alternatives. In a situation where the injury was the result of an intentional act or violence, the defendant will face criminal prosecution in the form of battery or assault charges. Alternatively, if the injury was caused by an accident, depending on the situation, an individual can face criminal charges, a personal injury lawsuit, or both. Regardless of what side you find yourself on following an accident, it is always critical to seek the counsel of a personal injury attorney. Your attorney’s guidance can be invaluable as the legal proceedings unfold.

Common Occurrences

 One of the most common examples of a scenario where an individual can face both criminal charges and a personal injury lawsuit is when a drunk driving car accident occurs. This is due to the fact that the individual will likely be subject to criminal drunk driving charges and, if the accident resulted in an injury, the at-fault party will likely be held liable to pay damages for pain, suffering, lost wages, and medical bills.

Alternatively, in the event that you do not set out to intentionally hurt someone, you may still be held liable for an injury in civil court proceedings. An example of this would be a nanny who was expected to watch children, but the nanny left them alone for a few minutes and one of the children sustained a severe injury or worse. Although the nanny may not be held criminally responsible for the accident, she can be subject to a personal injury or wrongful death lawsuit.

Statute of Limitations in Georgia

Common examples of personal injury cases involve situations where an individual is injured by a product, vehicle, dog, or dangerous property condition. Following an incident people may not be aware that their is a specific timeframe in which they must file their personal injury claim. This is known as  the statute of limitations in Georgia. If you fail to make your claim within the state regulated period the court will deny your claim and you will not have the potential for any legal recourse.

In most cases the Georgia statute of limitations says you have just two years to file a personal injury claim, this holds true for most cases, except personal injury claims against a county or city, in these cases, you only have six months to file a claim. However, it should be noted that you have two years to file a personal injury claim against the state.

What’s The Limit?

Fortunately, the state of Georgia does not put a cap on the amount of damage compensation injured parties are able to receive. It is common for other states to place a limit on how much victims can collect, however, Georgia places no such limits on damages for medical malpractice cases or personal injury cases. This came following the 2010 Georgia Supreme Court ruling in the case of Atlanta Oculoplastic Surgery v. Nestlehutt which decided that placing a cap on a person’s ability to collect damages would infringe on a person’s right to a jury trial.

Do You Need Help?

If you have been involved injured in the state of Georgia it is important to understand that time is not on your side. The unfortunate reality is that the at-fault party’s insurance company will be doing everything in its power to give you little to no compensation. With the help of a personal injury attorney you can ensure that you are not being manipulated by the insurance company and are receiving all that you are entitled to . If you have been injured do not delay, call Anthony Overton Van Johnson & Associates, P.C. in Atlanta. Their experienced team will stand up to the insurance company and take the necessary actions to ensure you are being appropriately compensated. Call today to discuss your case.  (678) 882-7355.  E-mail:

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