The statute of limitations for an injury claim in Georgia is two years from the date of your accident. This means that you only have a limited time to file a lawsuit against the negligent party if you were injured in an accident. It’s imperative that you contact an experienced Augusta personal injury attorney as soon as possible. Delaying even the slightest bit will severely impact your ability to recover compensation.
Exceptions to the Statute of Limitations for an Injury Claim
Georgia law allows victims of personal injury two years from the date of your accident to bring a case or to have it settled in civil court. In some cases, this statute of limitations will end up being longer than two years. You may be able to bring your case past two years for cases such as medical malpractice or nursing home negligence. These cases require that you discover wrongdoing. If your parent is in nursing care and you don’t discover until much later that they have been neglected, you will have two years starting from when you have discovered the neglect.
Compensation Laws for an Injury Claim in Georgia
It is important to understand that there will be an insurance negotiation for many of these personal injury cases. This process involves Georgia’s modified comparative negligence laws. Here is how this law works:
- Victims who are not found to be at fault receive full compensation.
- Victims who are found to be 50% or less at fault receive reduced compensation.
- Victims who are more than 50% at fault for their accident do not receive compensation.
For example, if you have been in a slip and fall at a grocery store where there was an uncleaned spill but the insurance company deems you 10% at fault for the accident because you were on your phone, then your award would be reduced by 10%, which would make a $10,000 award become a $9,000 award.
Contact Nimmons Malchow Johnson Today
If you are looking for a knowledgeable and skilled attorney to represent you, please call our Georgia personal injury attorneys today to set up your free consultation and learn how we can help you get the fairest result possible.
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