Statutes of Limitations, Settling Cases and Filing Suit

March 22, 2011

In Georgia the law sets time limits for filing a law suit for claims that can be asserted for money damages. Different types of claims are governed by different time limits.These are called Statutes Of Limitations. For example, in most personal injury claims, the statute of limitations is two (2) years from the date of the incident. This means the case must either be settled or a lawsuit filed within two years of the cause of action which resulted in injury. If the case is not settled or a lawsuit filed by this deadline then all claims arising out of the incident are barred forever.
There are several exceptions to the two year time limitation. As one example, in most wrongful death cases the two year time period begins on the date of death rather than the date the incident occurred which ultimately resulted in death.
At our Atlanta, Georgia law firm we evaluate each incident to determine what claims exist and which statute of limitations applies to each claim. Keep in mind that if the case is settled with the insurance company , the time limit concerns no longer applies since the case will have been concluded.