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If you’ve been injured in Georgia or Florida, it is critical to know the statute of limitations for bringing a suit against the negligent party who caused the injury. If you wait to file suit and the statute of limitations has run out, your case will likely be dismissed, leaving you to bear the burden of medical bills, lost wages, damaged property, and other hardships.
At Farah & Farah, our team of personal injury lawyers knows the law — and you can trust us to seek justice for you in a timely manner. Let us use our time, experience, and resources to get you the maximum settlement. Schedule a free, no-obligation case review today!
The statute of limitations on injury claims is a state law that sets a strict time limit for the filing of different kinds of lawsuits in civil court. Most states have a statute of limitations on injury claims or other cases alleging negligence. These statutes ensure that cases are brought in a timely fashion and protect litigators and defendants from suits concerning incidents that happened years or decades ago. If you plan to file a suit or insurance claim following an accident, it is critical to abide by the statute of limitations in your state or risk having your suit thrown out.
Florida Statutes section 95.11(3)(a) gives plaintiffs four years from the date of the accident to file a civil lawsuit seeking a legal remedy (compensation) for “an action founded on negligence.” That includes most types of personal injury lawsuits since most are governed by the liability principle of “negligence.”
Certain scenarios may pause or extend the four-year statute of limitations set by Florida Statutes section 95.11(3)(a). These four circumstances include: 1) If the plaintiff is a minor under 18. 2) If the plaintiff is deemed legally incapacitated, —whether temporarily or permanently. 3) If the defendant left the state of Florida before the lawsuit was filed. 4) If the defendant is in hiding, has changed their name, or is otherwise concealing themselves to avoid the lawsuit.
Georgia Code § 9-3-33 allows two years, starting from the date of the accident or incident that caused your injuries, to file suit. If a spouse wishes to bring a suit claiming loss of consortium due to your injuries, that claim must be brought within four years.
Several scenarios may pause or extend the two-year statute of limitations on injury claims when filing in Georgia. Three of these exceptions include: 1) If the defendant leaves the state before a suit is brought, the clock may not start until they return to reside in the state. 2) If the plaintiff is a minor or deemed mentally incapacitated, the clock may not start until they reach age 18 or are deemed mentally fit. 3) If an injury could not be reasonably discovered within the statute of limitations. Additionally, Georgia has a 5-year statute of repose for medical negligence claims and a 10-year statute of repose from the date of manufacture for strict liability claims.
If your case is filed after the personal injury statute of limitations expires — and none of the rare exceptions noted above apply — it will very likely be dismissed, regardless of the seriousness of your injuries or how strong your case against the defendant may be. This is why it is critical to discuss your case as soon as possible with our personal injury attorneys. We will file your claim in a timely manner to avoid missing out on the compensation you deserve.
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If you’ve suffered an injury due to someone else’s negligence, it pays to get the best legal minds on your side. Let Farah & Farah worry about investigating and documenting your accident and meeting court filing deadlines, so you can focus on what really matters: healing.
We know the law, and we will file your case on time so that you have the best possible chance of receiving the maximum compensation. Throughout our 40 years serving the public, we’ve recovered over 1 billion for our clients. We work on a contingency basis, so you owe us nothing unless we win your case.
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