Toccoa, Georgia
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What if the Statute of Limitations Has Passed for Your Personal Injury Claim? June 11, 2019

Toccoa, Stephens
What if the Statute of Limitations Has Passed for Your Personal Injury Claim?, Toccoa, Georgia

After an accident caused by someone else’s negligence, a personal injury claim can help you achieve justice. However, every state has a strict time limit on filing a lawsuit, after which you may be unable to collect compensation for your losses, no matter how clear-cut the case may be. However, there may be some cases in which you can file a claim after the statute of limitation has passed. Here’s a closer look at how the statute works.

Collecting Personal Injury Damages After the Statute of Limitation Has Passed

The Statute of Limitations in Georgia

Each state has different timelines for personal injury claims, and some may have variations depending on the type of accident you suffered. In Georgia, victims have two years from the date of their accident—or the day their injury was discovered—to take action against the liable party.

What if the Statute of Limitations Has Passed?

personal injuryOnce the two-year deadline has passed, successfully filing a lawsuit for damages becomes nearly impossible. When the other side points out that you waited too long to file, the judge will likely dismiss the case, leaving you without recourse. However, there are a few exceptions that may allow you to proceed.

Exceptions to the Two-Year Time Limit

Many personal injuries aren’t discovered until much later, especially in auto accident and medical malpractice cases. Because the statute of limitations “clock” begins running when your injury is detected, you might still be able to file a claim years after the original incident. In Georgia and many other states, the “clock” is also paused if the defendant leaves the jurisdiction after the accident but before you can take legal action.


If someone else’s carelessness has resulted in an injury to you or someone you love, Smith & Tabor Attorneys At Law are ready to provide the aggressive representation you deserve. Since 1985, they’ve been fighting for the rights of Georgia victims throughout Stephens, Habersham, Franklin, Rabun, and Hall counties, delivering effective guidance in a wide range of difficult situations. Visit their website for more on their personal injury services or call (706) 886-5141 to schedule your initial consultation.

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