Many victims of personal injury will hesitate to speak with a lawyer immediately after their injury. It’s important to understand the time limits on personal injury claims and how they can affect your potential case.
Georgia Time Limits
The statute of limitations is a law that places a time limit on certain claims. In the case of personal injury, the claim usually must be filed within 2 years from the date of the accident or event that resulted in injury. If you’re attempting to file a claim against a city, this time limit is 6 months; it’s the claim is against a county, the time limit is 12 months. If the time limit from the statute of limitations has been exceeded, then you will no longer have the opportunity to pursue compensation for your injuries. Sometimes the statute of limitations may be tolled.
Comparative Fault Laws
If the party you are submitting a claim against counters that you are partially or wholly at fault for the accident, you can lose a portion of your compensation due to comparative fault laws.
These laws are important when calculating the amount of damages that you may be entitled. For example, if a court determines that you are 40% at fault in an accident, then your compensation will be reduced by that percentage. If your claim was for $10,000, then your compensation in this example would be just 60% of that amount – $6,000. It’s also important to note that if you are found to be 50% at fault for your injury, then you may receive no compensation at all.
If you are filing an insurance claim in Georgia, your claim comes under “fault” rules. In a motor vehicle accident, depending on the insurance available, you may have a claim against the third party at-fault driver and coverage from your own insurance policy. These claims may be pursued in court, although many cases are settled without a filed lawsuit. You have a number of different options when it comes to filing a claim. You may file under your own insurance, third-party with the at-fault driver’s insurance, or pursue a claim through court.
Personal Injury Lawyer
The team of H. Lehman Franklin, P.C. includes legal professionals who are expertly trained to help you fight for the compensation you deserve. If you are nearing the end of the time limit for filing a personal injury claim, contact H. Lehman Franklin, P.C. without hesitation.
We provide a free consultation where a member of our team can visit you at your home, if you prefer. Reach out today by phone (912) 764-9616 or email (email@example.com) and provide the details of your personal injury so we can provide you with expert advice and representation.