Ken Shigley Law, LLC
Personal Injury Lawyer
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(404) 253-7862
1629 Monroe Dr NE, Atlanta, GA 30324, USA
Opening Hours:Monday: Open 24 hoursTuesday: Open 24 hoursWednesday: Open 24 hoursThursday: Open 24 hoursFriday: Open 24 hoursSaturday: Open 24 hoursSunday: Open 24 hours
Area Served:Within 4 miles (6.4km) of 1629 Monroe Dr NE, Atlanta, GA 30324, USAGet more exposure
Two years in most cases, but there are exceptions and traps for the unwary.
The limitation period for filing a personal injury lawsuit in Georgia is two years, with a four-year limit for loss of consortium claim by the spouse of the injured person. O.C.G.A. § 9-3-33.
The time limit for filing suit is suspended until criminal charges against any defendant is concluded, up to six years.
In wrongful death claims, the time limit for filing suit runs from time of death, not time of fatal incident.
For injuries to minors, the time limit for filing suit runs from 18th birthday, which sets the time limit at the 20th birthday. O.C.G.A. § 9-3-90(b).
In claims against state government in Georgia, a notice of claim must be sent within 12 months of the date the loss was discovered or should have been discovered. O.C.G.A. § 50-21-26. That notice must be in writing specifying the basis of the claim and the amount claimed up to the statutory limit of $1, sent by certified mail or statutory overnight delivery return receipt requested, to the Risk Management Division of the Department of Administrative Services, with a copy to the head of the agency involved. But this time limit may be suspended in circumstances that would suspend running of the statute of limitations.
Claims against municipalities must be sent within six months of the incident. The statute of limitation is tolled for claims against a municipality between the time a valid pre-suit notice and demand is served and the city’s taking action (O.C.G.A. § 36-33-5). This does not apply to claims against counties or the state government.
Claims against counties must be given to the county governing authority within 12 months. Otherwise, the normal limitation period and tolling rules apply except that “minors or other persons laboring under disabilities shall be allowed 12 months after the removal of the disability to present their claims.” O.C.G.A. § 36-11-1
If a defendant leaves the state, “the time of his absence from the state until he returns to reside shall not be counted or estimated in his favor.” OCGA 9-3-94.
Medical malpractice claims have a strict two-year statute of limitation. O.C.G.A. § 9-3-73. If a child under age five is injured by medical malpractice, the child’s suit must be filed in court by the seventh birthday. O.C.G.A. § 9-3-73(b). The statute of limitation may be tolled in limited circumstances where the plaintiff or plaintiff’s attorney seeks medical records following strict statutory procedures (O.C.G.A. § 9-3-97.1).
The complex interaction of these rules under the facts of individual cases may form traps for the unwary.
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