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Marietta Personal Injury Attorney > Blog > Personal Injury > How Long Do I Have To File A Personal Injury Claim In Marietta?

How Long Do I Have To File A Personal Injury Claim In Marietta?

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Georgia law allows you to file a claim after an accident that was caused by someone else’s negligence. If you are successful with your claim, you can recover damages such as medical expenses, lost income, pain and suffering, and more. Unfortunately, these claims are often not filed on time and injured individuals forfeit their right to obtain the compensation they deserve. Generally speaking, you have two years to file an accident claim in Marietta, but there is a bit more to the statute of limitations than that.

When Does the Statute of Limitations Start?

The clock on the statute of limitations starts on the day of the accident, or the date you discovered you were injured. For example, someone may get into a car accident and only find out two weeks later they sustained a concussion during the crash. In this case, the statute of limitations starts on the day they discovered their injury, not the date of the collision.

There are some exceptions to the statute of limitations in Georgia, but they are quite limited. If a person does not have the mental capacity to file a claim within the statute of limitations, or they are a child, the statute of limitations may be tolled, or delayed. Again, the exceptions to the statute of limitations are rarely used, so it is important to speak to a Marietta personal injury lawyer as soon as possible after any accident to protect your claim.

The Statute of Limitations in Government Claims

If your accident occurred on government property, such as in a public park, the statute of limitations on your claim is much shorter. Under Georgia law, you must provide ante litem notice, which is notifying the government that you intend to file a claim. If you do not file the ante litem notice on time, you could also forfeit your right to claim damages.

If you are filing a claim against the city, you must provide ante litem notice within six months of the accident. If you are filing a claim against a county or the state, you have 12 months from the date of the accident or discovering your injury to file your claim. The information included in your ante litem notice will also greatly vary depending on which type of government entity you are filing a claim against. As such, it is crucial to speak to a personal injury lawyer as soon as possible.

Call Our Personal Injury Lawyers in Marietta Today

If you have been hurt in an accident, do not take the chance of filing your claim on your own. At The Strickland Firm, our Marietta personal injury lawyers will advise on all the laws that apply to your claim, including the statute of limitations, and give you the best chance of recovering the fair settlement you deserve. Call us today at 1-844-GAJUSTICE or fill out our online form to schedule a free case evaluation with one of our skilled attorneys.

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