As Atlanta personal injury lawyers, one of the most frequent questions we get is "How long do I have to file a Georgia claim for a trucking accident injury, wrongful death, slip and fall, etc.?" Generally under Georgia law, you have two years from the date of the injury to make a claim. But don't wait until the last minute; once you are within six months of the statute running, your attorney will be pressed for time to investigate your claim, file the lawsuit and serve the proper parties before your claim is extinguished.
Additionally, if the claim is against a governmental agency you may need to serve notice of the claim within six months of the injury or lose the claim forever. Other nuances in the law also make a difference as to the actual date of the running of the statute. For example, claims of minors in certain cases will remain open for two years beyond their 18th birthday. An example of another twist is where your spouse is seriously injured in a car accident and has a claim for his injuries. Approximately six months later he dies, then you, as his spouse, have your own claim for wrongful death which runs two years from the date of the spouse's death.
There are other instances when the statute of limitations may be tolled which means it is paused. For example, if you are injured by a drunk driver in a motor vehicle accident and the driver is charged with a crime such as DUI, the statute is tolled during the prosecution of the crime but not for more than six years.
The law in this area can be quite complicated, so if you think you have a claim it is better to contact an attorney as soon as possible to discuss your injuries. Let the attorney guide you and protect your rights to a full recovery.
