One of the reasons it is so important to confer with a personal injury attorney after an accident is to ensure that your claim is timely filed and not barred by the statute of limitations. The quicker your attorney can start gathering evidence and preserving it to support your claim, the more likely you are to achieve a successful result.
The statute of limitations is the deadline set by law for filing a lawsuit to recover your damages. Failing to file your lawsuit within the set amount of time will bar you from obtaining legal recourse. This is true even if the other party is clearly liable for your injuries.
The law sets a statute of limitations for filing claims for several reasons. Evidence will deteriorate over time and eye witness statements will be less credible. To ensure that the necessary proof supporting a claim remains accurate, the lawsuit must be filed within the statute of limitations period. Further, defendants should have the ability to put disputes behind them and move forward without fear of being sued.
In Georgia, the statute of limitations to file a lawsuit for an injury caused by the negligence of another party is two (2) years from the date of the injury or death. O.C.G.A. § 9-3-31. There are some circumstances in which the statute of limitations can be “tolled,” which means the statute of limitations stops running until the special circumstance that warranted the tolling is resolved.
If you have been injured due to the negligence of another party, it is essential to take action to assert your rights and contact us immediately. While two years may seem like a long time, the quicker we can start gathering evidence to support your claim and seek to recover the compensation you deserve, while ensuring that you do not miss the deadline to file your lawsuit.
If you have been involved in an accident, you need an attorney to protect your best interests. At Murphy & Garner, LLC, we have over 32 years of experience serving clients in western Georgia and the surrounding area. We will fight for your rights and get you the compensation you deserve. Call us today for a free consultation at (866) 942-0552 or (678) 563-1584.