How Long Do I Have To Hire An Attorney?
The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In Georgia, an action for personal injury or death caused by negligence or intentional acts must be brought within two years from the date when the cause of action accrues. For a minor's personal claim, the limitation period is tolled until the child's eighteenth birthday (except for medical malpractice claims). Claims for marital consortium have a fouryear statute of limitations. A claim for injury to reputation (i.e. slander) must be commenced within one year.
For medical malpractice claims, Georgia has a twoyear statute of limitations and a fiveyear statute of repose. The statue of repose means that in no event may an action be brought more than five years after the date of the alleged negligent act. These limits apply to minors except that the limitation period will never run prior to the claimant's seventh birthday and the statute of repose will never run until the child's tenth birthday. The twoyear limitation does apply to a parent's claim for the child's medical expenses. However, foreign object case may be brought anytime within one year of discovering the object.
There are special claims presentation requirements for claims against state and local government. For claims against the state or the county, written notice must be presented within twelve months and prior to filing suit. For municipal government, you must present a written claim within six months of the alleged wrongful act.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Personal Injury Articles
- I Was Injured. Can I File A Lawsuit Against The Party That Caused My Injury?
- Who Is Responsible When A Person Is Injured?
- How Do I Decide If I Need To Hire An Attorney?
- How Much Will An Attorney Cost?
- How Will My Claim Be Processed?
- What Damages Can I Recover?
- How Can I Determine How Much My Claim Is Worth?