Is there a statue of limitations on personal injury claims? or is this what you call my claim?

Asked 11 months ago - Valdosta, GA

I was hit by a car when i was 15 yrs old i am 32 now and i was told that my injuries would leave not being the same as i before I have been having trouble with my shoulder for the passed 4 1/2 yrs which stems from the accident I cannot do what most people think that i should be able to do as far as my shoulder /arm goes and the doctor diagnosed me with avascular necrosis I am having trouble getting disability seems like the disability firm that is working with my case is not getting all of the information or should i say all of my records but to make a long story short i am in constant pain everyday and it seems like no end in sight for this pain. Is there anything that can be done by it being so many years after the accident?

Attorney answers (8)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . In Georgia the statute of limitations for negligence that causes injury to a person is two (2) years from the date on which an injury or death arising from a negligent or wrongful act or omission occurred. O.C.G.A. § 9-3-31. In Georgia, minors and persons who are legally incompetent (such as mental retardation) at the time of the event causing injury are entitled to have the statute of limitation “tolled” until the person becomes an adult or the legal incompetence no longer exists. O.C.G.A. § 9-30-90. If a person suffers a disability that causes legal incompetence after her or his right of action accrues and the disability was not voluntarily caused, the statute of limitations may be tolled during the disability. O.C.G.A. § 9-3-91.

    Unless you were mentally incompetent from your 18th birthday until now, the statute expired on your 20th birthday.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Jonathan P. Sexton

    Pro

    Contributor Level 12

    12

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    Answered . Unless you suffer from some type of mental disability that prevented you from filing two years after the age of majority (18), it is too late.

    The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal... more
  3. Robert G. Rothstein

    Contributor Level 14

    11

    Lawyers agree

    Answered . I agree with atty. Ashman. Unless you were mentally incompetent at time, the statute of limitations expired when you were 20. Also, SS disability only pays if you are 100% disabled from any type of work and it does not sound like you are.

    Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and... more
  4. David Ian Schoen

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . Unfortunately, it appears to be too late for a personal injury claim to be brought. Keep following up with your disability claim and if you feel the attorneys are not getting the appropriate records request a meeting with them.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . It appears you waited too long. If you have an accident in the future, please call a local personal injury lawyer immediately.

  6. Amy Nicole Durham

    Contributor Level 4

    7

    Lawyers agree

    Answered . The statute of limitations is 2 years from the date of injury in GA unless something tolled the statute like mentail disability or age.

  7. Josh P Tolin

    Contributor Level 19

    8

    Lawyers agree

    Answered . It is extremely unfortunate that you did not retain counsel or your parents did not retain a lawyer on your behalf. It is too late to do anything. If there is ever a next time, seek prompt legal assistance.

  8. David B. Carter Jr.

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Time has expired, it is too late.

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