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Ken Shigley Law, LLC

Personal Injury Lawyer

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Website | (404) 253-7862
1629 Monroe Dr NE, Atlanta, GA 30324, USA

Opening Hours:
Monday: Open 24 hours
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Open 24 hours


Area Served:
Within 4 miles (6.4km) of 1629 Monroe Dr NE, Atlanta, GA 30324, USA
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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.

Google Rating: 5.0 out of 5 stars (32 total ratings)

R M
5 Star
The law office of Ken Shigley represents all that is good in this country! From the moment I met Ken and his staff I knew, I was in good hands. God led me to this office and may I tell you, God NEVER FAILS! I sustained a terrible brain injury that GREATLY altered my life but by the Grace of God, I found a New Life! Ken and his staff were there for me all the way through and I could not recommend a better lawyer than he to have on your side! He is a Real Lawyer who truly cares about (You) the person!
Monday 23rd October 2017
Phyllis Kurtzman
5 Star
I would give you stars to the moon.. Ken , is a fine upstanding Attorney, a lot of experience in his field. Ken, I have known for a very long time, at least 25 years. Ken is a pillar of his community and very well known in the legal field. He gives you everything in his power to help you. Ken will sit with you and listen to you and do all he can to make things right for you.
Saturday 7th March 2015
Ronald Ehlbert & Annemarie Krumholz Smith
5 Star
Long before Ken Shigley became past-president of the State Bar of Georgia, he was one of my good Christian friends and fellow trial attorney. I was privileged to serve as second chair with him on a very difficult slip and fall case with multiple expert witnesses in the Fulton County Superior Court in the late 1990's. He was always very prepared and diligent for our client and the jury found liability against the defendants in our plaintiff/client's favor. He was and still is one of my trusted legal advisors and mentors. He has successfully mediated, represented or counselled others on hundreds of serious injury & wrongful death cases. Ken is true to his callings as both a Christian lawyer to whom I look for wise counsel.
Wednesday 7th January 2015
Michael Leizerman
5 Star
I have known Ken Shigley for many years through the American Association for Justice Motor Vehicle Section and Trucking Litigation Group. I am impressed with Ken's command of legal issues, responsiveness and care for his clients.
Friday 6th March 2015
mike money
5 Star
About seven years ago, Ken helped me define the application/non-application of an umbrella policy for a trucking company to establish whether the Million dollar insurance settlement from the carrier was all the insurance money to be had where two people were killed by a grossly negligent trucker. Without Ken's help, the case might have dragged out another couple of years. Since that time, his wisdom in a variety of areas has always served me well.
Monday 9th March 2015