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What Is the Time Limit for a Neck Injury Claim in Augusta?

March 31, 2023Personal Injury

Suffering a neck injury can be a life-altering experience. It can lead to excruciating pain, limited mobility, and even long-term disabilities. If someone else’s negligence caused your injuries, however, you could file a lawsuit against the at-fault party and recover compensation for your medical care, lost wages, and other damages. 

When pursuing a neck injury claim in Georgia, time is of the essence. The state’s statute of limitations sets a strict deadline for filing your claim, and if you miss it, your case will be dismissed. To avoid losing your right to compensation, it’s crucial to act quickly and speak with an attorney who can ensure that your claim is filed in time.

The Personal Injury Statute of Limitations Is Two Years

The statute of limitations is a law that establishes a deadline for filing certain types of lawsuits in court. According to Georgia Code section 9-3-33, the statute of limitations for personal injury claims, including neck injury claims, is two years from the date of the accident or injury. If you fail to file your claim within this time frame, the court will likely dismiss your case and you may lose your right to seek compensation for your damages.

It is important to note that the statute of limitations applies to the filing of the lawsuit, not the settlement or resolution of the claim. This law requires you to file your lawsuit in court before the two-year deadline, even if you are still negotiating with the insurance company or other parties involved.

Exceptions to Georgia’s Statute of Limitations

If you miss the two-year filing deadline, you may be able to file your lawsuit if you qualify for a rare exception. Georgia has identified multiple scenarios that will toll or temporarily stop the statute of limitations clock, such as the following:

  • The defendant leaves the state of Georgia before the plaintiff could file the lawsuit. The time of absence will not count toward the statute of limitations, and the clock will start once the defendant returns to Georgia.
  • The plaintiff was a minor under the age of 18 or legally incompetent due to intellectual disability or mental illness at the time of the accident. The clock will not start until the victim turns 18 or the period of incompetence ends.

What to Do After Suffering a Neck Injury in Augusta

If you’ve suffered a neck injury in Augusta, seeking medical care should be your top priority. Even if your injuries seem minor, it’s crucial to get evaluated by a healthcare professional to ensure that you don’t have any underlying conditions that could worsen over time. Be sure to save all of your medical records and bills as they can serve as essential pieces of evidence in your case.

Once you’ve received treatment, reach out to a neck injury lawyer in Augusta as soon as you can. A Georgia neck injury lawyer can help you understand your legal rights and options, as well as guide you through the process of filing a claim in court. 

Your attorney can also ensure that you meet all relevant deadlines, including the statute of limitations, and determine whether your case qualifies for an extension. As soon as possible following your accident, schedule a free legal consultation to discuss your case and plan your next steps.